Legal Question in Criminal Law in California

Re: unfounded citizen's arrest

I've read Steve M.'s reply and do not disagree with it. I intend to only supplement it

There is a criminal charge of filing a false police report.

In our modern society full of innuendos and moral dilemmas, there occasionally comes along a true moral imperative. And you have one facing you.

So you have to understand that the D. A. files and prosecutes that charges. The Judge is the referee. There should be a defense attorney representing your boyfriendin the mix somewhere. The method of prosecuting criminals in this country is the tension between the prosecutor and the defense attorney. However this tension is most prevalent at the trial. They normally get along very well in the courteous sparing that takes place during pre trial negotiations.

So I would recommend that you speak to the defense attorney. As bad as filing a false police report is, the greater risk is you testifying falsely under oath. The alternative is for you to take the 5th at the trial and refuse to testify. Then the D. A. is going to have the police testify as to what you said to them. And then the D. A. will argue to the jury that you told the truth to the police but have had a change of heart and now want to help your boyfriend. I had this happen at the trial.

You obviously have a good heart and want to do what is right. And I'd recommend that you talk to the defense attorney, or retain your own attorney to talk to the defense attorney. As a last alternative talk to the D. A. and don't expect to get up in open court and attempt to talk to the judge. He'll (or she'll) have you escorted out of the courtroom.

On the great wheel of pain that is the criminal justice system this is a pimple. However, I've had a D. A.s make the point to the jury that the wife's (live in lover's) delay in rectifying this problem is a false retraction brought on by lover's remorse, and your testimony to the police is the truth.

So the last alternative you have is to talk to the D. A. Believe it or not most D. A.s are good guys and gals.

Remember that even if they drop the false charge of trespassing there maybe something else they can charge your boyfriend with. And also it's very unlikely that you'll be given more than a hand slap, if anything is done to you at all. I'd expect possibly anger management classes and small fine with a misdemeanor conviction that can be set aside in a couple of years when there is no repeat offense. So you're facing the specter of nothing happening to you up to a possible criminal conviction with some classes you must attend. I don't see six months in the county jail as a realistic punishment for your offense. The sooner you reveal what really happened the sooner the problem will go away.

Lots of luck

Re: unfounded citizen's arrest

Your situation is far more complex and dangerous to yourself than you know. And you may harm your fiance's position as well. You have personal exposure to criminal prosecution, and other problems. I would immediately consult with a criminal lawyer in your area. Most criminal lawyers give free legal consultations. If your case is in LA, don't hesitate to call me for a free consultation. Telephone: 310 393 0639.