Legal Question in Civil Litigation in California

Battery Charge pending

"A friend" has received paperwork stating "a complaint has been issued charging him with a misdemenor - battery". He got into a dispute over a situation while driving. Apparently another driver drove through a red light while he was making a left turn at a green light. The person who ran the red light almost hit he. They both yelled at each other from their cars, then my friend got out of his car and yelled at this person. She tried to open her door to get out and he closed it for her and walked back to his car. She is now claiming battery. What will happen his first day at court? The paperwork says "it will be necessary to submit to the booking process at that time" Should an attorney be present? Any recommendations of an attorney in the San Diego area?


Asked on 10/08/00, 6:30 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Battery Charge pending

Your friend should definately consult with a local criminal defense attorney. Booking does not usually happen unless you are arrested at the scene or before the court date. I am very surprised the DA decided to even prosecute. Normally the first court date is called an arraignment. This means that the defendant comes in front of a Judge and is informed of the charges against him. The defendant is the required to enter a plea of guilty or not guilty. A trial date is then set if the plea is not guilty. Following the arraignment the DA will discuss the charges with the defendant and inform him of any offers they are willing to make. Since I am not sure why they would require your friend to be booked at the arraignment, he should seriously consider retaining an attorney to accompany him to court. The attorney can also help him figure out what is going on and if the case will hold up in trial. If they don't know where to find an attorney, they can contact the local county bar association and request a referral to a criminal defense attorney in the area. Most attorneys offer free consultations, so he can at least discuss his case and find out what his options are and what exactly will happen at Court in this situation in his County. I wish your friend the best of luck.

Sincerely,

John Hayes, Esq.

Read more
Answered on 11/04/00, 5:28 am


Related Questions & Answers

More General Civil Litigation questions and answers in California