Legal Question in Criminal Law in California

My friend and were drinking and practicing mma, dumb idea. He got pissed and ending up doing a citizens arrest when the sheriff showed up. I was charged with a pc 243 simple battery. The next day he regretted calling them and admitted it was a mutual scrap. He wants to drop the charges, is this possible? Thank you

Asked on 8/20/18, 5:03 pm

2 Answers from Attorneys

Allen Farshi Law Offices of Allen Farshi

In any criminal matter, the plaintiff becomes the People of the State of California. As such your friend is no longer the victim. The State of California will prosecute the matter as Plaintiff. Your friend or the so-called victim becomes a witness in his/her own case. However, there is a solution. Call me 310 882 6500

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Answered on 8/20/18, 6:17 pm
Terry A. Nelson Nelson & Lawless

As Mr Farshi said, there is a solution. It requires the 'friend' contact the Police and DA and advise them he will not cooperate in prosecting the charges, and that this was a mutual 'fight' or scuffle. The DA may chose not to pursue charges if his 'victim/witness' will not testify. It is worth a try. Otherwise you will have to appear in court if required, and tell the Judge and DA the same thing, with your 'victim/witness' friend present to confirm that. If the court will not drop the charges, hire an attorney to represent you in pushing that story as your 'defense'. If serious about getting counsel then, contact me for help.

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Answered on 8/20/18, 6:23 pm

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