Received a ticket for Battery.

[nsv]

What is the name of your state? California

I was given a court date (3/1/08) by a Police Officer for Battery. It all started when a woman walked into my store that I own and picked up a rack which held incenses. Not knowing who the person was, I grabbed the rack from one side and pulled it to get it away from her. Keep in mind, I did not know who this person was, could have been a thief for all I knew. She claims that my brother had asked her to put the rack here about 2 years ago, I was not aware of this fact. After struggling for about a minute, I was able to get a hold of it. Right after that, I called 911 and an Officer came to the scene, but the women had already left. After about 30 minutes the women came back and threatened to call the Cops, I told her to go right ahead. She used the pay phone located outside the store to make the call. A different officer responded to the call and asked both of us for the story. She told him that I physically assaulted her and she wanted me arrested. The Officer asked my part of the story and I told him that this unknown woman came into the store and took the rack without my consent, not knowing if this person was a thief or not, I grabbed onto the rack and tried to pull it from her. I also told him that I did not touch her in anyway. She had a couple of scratches on her hand from the rack. The Officer wanted to review the surveillance tape which resided with my part of the story - she took the rack without my consent and I tried pulling it away from her. In the video it showed the exact thing that I told the Officer. He asked her to sign a paper; I am not sure what it was. He then came inside and handed me a ticket, which was to appear in court on (3/1/08), he also told me not to worry as the district attorney won't even look at the case. I am not really worried about anything but just want to know how I can prepare if she does go to a small claim court for any injuries.

Now for the questions -
-Would the district attorney take this case?
-Do I have to pay for any hospital bills?
-How would I know that she didn't go home and break her arm and then got treated at the hospital? Would I be liable for the bill?
-What is the best way to prepare for the trial?
-Do I need to hire a Lawyer?
-Why was I not arrested?

Thank you in advance.

[FlyingRon]

> -Would the district attorney take this case?

We have no idea. He may, he may not. A lawyer would be advisable.

> -Do I have to pay for any hospital bills?

She would sue you separately for that (and independent of whether the DA pursues criminal charges or not).

> -How would I know that she didn't go home and break her arm and then got treated at the hospital? Would I be liable for the bill?

That's for the courts to decide.

> -What is the best way to prepare for the trial?
> -Do I need to hire a Lawyer?

Get a lawyer, talk to the lawyer, follow his instructions.

> -Why was I not arrested?

No need. They know who you were, they issued you the summons to appear at some preliminary hearing. There's no need to haul people "downtown" on every violation. If they decide to pursue the charges they can process you (fingerprints, et al... then).

[CdwJava]

You WERE arrested. You just were not booked. However, IF it goes to court, you will likely be ordered to be processed at the jail (fingerprints and photos).

I suspect you were cited for PC 242 (battery). That's a misdemeanor criminal offense. The officer did so because the "victim" signed a private person's arrest. With a private person's arrest (aka "citizen's arrest") law enforcement has three options: book into the jail, cite and release if the crime is a misdemeanor or an infraction, or release without charges due to a lack of probable cause. The officer is also required by law to accept the arrest even if he or she does not agree with it.

Ultimately, the DA will have to decide whether they will file or not.

You might want to consult an attorney just to be safe.

- Carl

[HomeGuru]

Originally Posted by nsv

What is the name of your state? California

I was given a court date (3/1/08) by a Police Officer for Battery. It all started when a woman walked into my store that I own and picked up a rack which held incenses. Not knowing who the person was, I grabbed the rack from one side and pulled it to get it away from her. Keep in mind, I did not know who this person was, could have been a thief for all I knew. She claims that my brother had asked her to put the rack here about 2 years ago, I was not aware of this fact. After struggling for about a minute, I was able to get a hold of it. Right after that, I called 911 and an Officer came to the scene, but the women had already left. After about 30 minutes the women came back and threatened to call the Cops, I told her to go right ahead. She used the pay phone located outside the store to make the call. A different officer responded to the call and asked both of us for the story. She told him that I physically assaulted her and she wanted me arrested. The Officer asked my part of the story and I told him that this unknown woman came into the store and took the rack without my consent, not knowing if this person was a thief or not, I grabbed onto the rack and tried to pull it from her. I also told him that I did not touch her in anyway. She had a couple of scratches on her hand from the rack. The Officer wanted to review the surveillance tape which resided with my part of the story - she took the rack without my consent and I tried pulling it away from her. In the video it showed the exact thing that I told the Officer. He asked her to sign a paper; I am not sure what it was. He then came inside and handed me a ticket, which was to appear in court on (3/1/08), he also told me not to worry as the district attorney won't even look at the case. I am not really worried about anything but just want to know how I can prepare if she does go to a small claim court for any injuries.

Now for the questions -
-Would the district attorney take this case?
-Do I have to pay for any hospital bills?
-How would I know that she didn't go home and break her arm and then got treated at the hospital? Would I be liable for the bill?
-What is the best way to prepare for the trial?
-Do I need to hire a Lawyer?
-Why was I not arrested?

Thank you in advance.

**A: I want to hear the other side of the story.

[nsv]

Originally Posted by FlyingRon

> -Would the district attorney take this case?

We have no idea. He may, he may not. A lawyer would be advisable.

> -Do I have to pay for any hospital bills?

She would sue you separately for that (and independent of whether the DA pursues criminal charges or not).

> -How would I know that she didn't go home and break her arm and then got treated at the hospital? Would I be liable for the bill?

That's for the courts to decide.

> -What is the best way to prepare for the trial?
> -Do I need to hire a Lawyer?

Get a lawyer, talk to the lawyer, follow his instructions.

> -Why was I not arrested?

No need. They know who you were, they issued you the summons to appear at some preliminary hearing. There's no need to haul people "downtown" on every violation. If they decide to pursue the charges they can process you (fingerprints, et al... then).

A date was listed on the ticket, Do I need to attend court that day or wait for further instruction via snail mail? If the District Attorney does not file charges, Do I still need to attend the hearing date listed on the ticket?

[CdwJava]

Originally Posted by nsv

A date was listed on the ticket, Do I need to attend court that day or wait for further instruction via snail mail? If the District Attorney does not file charges, Do I still need to attend the hearing date listed on the ticket?

Unless you hear otherwise, you must attend court on the date and at the time indicated on the citation.

- Carl