Legal Question in Criminal Law in California

Re: pc422

Whether to charge someone with a crime is the D.A.'s decision, which means the preferences of the alleged victim do not control whether charges are filed. This is especially true in domestic situations, where spouses / lovers are often reluctant to press charges against one another. It is even more often the case where the accused has a criminal record.

You say there are no witnesses, but presumably your girlfriend's mother told the police she heard you make such a threat. If she testifies that she also saw her daughter react fearfully and if the jury believes her, that will be enough to support a conviction.

Note that what matters in this type of case is whether the target of the threat felt at the time that she was in danger. Your question says that your girlfriend doesn't feel that way *now*, but that's beside the point.

If the police are trying to arrest you that means a warrant has been issued. You need to get an attorney to represent you, and he will probably negotiate your surrender. Surrendering gets your case off to a much better start than being captured, and it gives you a better chance of being released on your own recognizance or of getting a lower bail than you would get if the police take you into custody.

Good luck.

Re: pc422

I've read Mr. Hoffman's reply and he's right on. You should not be talking to the cops at all, because anything you say can and will be used against you. If you don't talk to them, then they can't "plant" words in your mouth. You really do need a lawyer quickly, for surrender purposes and also for many other tactical and strategic reasons. If you'd like to talk to me about this, please don't hesitate to contact me via email. Steve Mandell

Re: pc422

I agree both about the surrender and that you need an attorney. Even so, no one has picked up one one critical piece of information you provided. A strike is determined at the time of sentencing. Your prior 422, if a felony at the time sentence was imposed, as you state it was, is a strike. That fact alone makes it more likely that you will be prosecuted. Your maximum time in this case just became 6 years, and you are not eligible for probation as the case stands now. I hope this was helpful. It sounds like you have a good defense on the facts. Please contact my office if you wish to discuss this further.

Re: pc422

It would be much easier to answer your questions by telephone. Please contact Mike Navarro at our office at [email protected] . Please provide a telephone number so he can call you.