my bf and i are trying to drop a dv charge against me

[nightwater]

What is the name of your state (only U.S. law)? California

HELP!!!
Basically last month I was arrested and jailed in los Angeles CA for domestic violence against my live in boyfriend. I believe the whole issue was caused due to the fact that I stopped taking my psych medication a couple weeks earlier and I had a really bad reaction to alcohol. We were leaving a club and I guess I started fighting with him in the car and almost made him crash the car. We got out of the car and I am told I started hitting and kicking him in the middle of the street. A tow truck driver saw what was happening and called the police. The police came and took a statement from my boyfriend and the man who called the police. I was then taken to jail for 2 days and released on OCR When I went to court with my boyfriend I explained to my public defender what had happened and she tried to have the charges dismissed because,
1. I have a perfect record and have never ever been in trouble with the law-
2. The whole thing stemmed from a terrible reaction to alcohol that was caused by me quitting my medication. I have never blacked out before- I really did not even drink very much and if I was on my psych medication – there is no way this would have happened
3. My boyfriend does not want to press charges at all- matter of fact we plan on getting married. I have never hit him or acted violent to him ever!
4. She also thought that I was defiantly punished enough already by going to jail.

The prosecutor would not drop the case when we went to court, her justification was that if this was the other way around- (my bf doing this to me) it would be unacceptable. I did not plead guilty and we have to go back to court on Friday. I really don’t want to plead guilty because I really don’t want to have a criminal record, as I am planning on starting new career that might check these things. I also work 60 hours a week currently and have absolutely no time to go to anger management classes. I am far from an angry person and I don’t need them at all! I don’t have very much money at all but I am willing to sell some of my valuables to pay for a lawyer if I have to. I really don’t even know where to start looking for one though, and I am not sure how much a lawyer would cost me anyway. Any help would be highly appreciated in this matter.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

HELP!!!
Basically last month I was arrested and jailed in los Angeles CA for domestic violence against my live in boyfriend. I believe the whole issue was caused due to the fact that I stopped taking my psych medication a couple weeks earlier and I had a really bad reaction to alcohol. We were leaving a club and I guess I started fighting with him in the car and almost made him crash the car. We got out of the car and I am told I started hitting and kicking him in the middle of the street. A tow truck driver saw what was happening and called the police. The police came and took a statement from my boyfriend and the man who called the police. I was then taken to jail for 2 days and released on OCR When I went to court with my boyfriend I explained to my public defender what had happened and she tried to have the charges dismissed because,
1. I have a perfect record and have never ever been in trouble with the law-
2. The whole thing stemmed from a terrible reaction to alcohol that was caused by me quitting my medication. I have never blacked out before- I really did not even drink very much and if I was on my psych medication – there is no way this would have happened
3. My boyfriend does not want to press charges at all- matter of fact we plan on getting married. I have never hit him or acted violent to him ever!
4. She also thought that I was defiantly punished enough already by going to jail.

The prosecutor would not drop the case when we went to court, her justification was that if this was the other way around- (my bf doing this to me) it would be unacceptable. I did not plead guilty and we have to go back to court on Friday. I really don’t want to plead guilty because I really don’t want to have a criminal record, as I am planning on starting new career that might check these things. I also work 60 hours a week currently and have absolutely no time to go to anger management classes. I am far from an angry person and I don’t need them at all! I don’t have very much money at all but I am willing to sell some of my valuables to pay for a lawyer if I have to. I really don’t even know where to start looking for one though, and I am not sure how much a lawyer would cost me anyway. Any help would be highly appreciated in this matter.

**A: what type of help are you looking for?

 

[Antigone*]

What is the name of your state (only U.S. law)? California

HELP!!!
Basically last month I was arrested and jailed in los Angeles CA for domestic violence against my live in boyfriend. I believe the whole issue was caused due to the fact that I stopped taking my psych medication a couple weeks earlier and I had a really bad reaction to alcohol. We were leaving a club and I guess I started fighting with him in the car and almost made him crash the car. We got out of the car and I am told I started hitting and kicking him in the middle of the street. A tow truck driver saw what was happening and called the police. The police came and took a statement from my boyfriend and the man who called the police. I was then taken to jail for 2 days and released on OCR When I went to court with my boyfriend I explained to my public defender what had happened and she tried to have the charges dismissed because,
1. I have a perfect record and have never ever been in trouble with the law-
2. The whole thing stemmed from a terrible reaction to alcohol that was caused by me quitting my medication. I have never blacked out before- I really did not even drink very much and if I was on my psych medication – there is no way this would have happened
3. My boyfriend does not want to press charges at all- matter of fact we plan on getting married. I have never hit him or acted violent to him ever!
4. She also thought that I was defiantly punished enough already by going to jail.

The prosecutor would not drop the case when we went to court, her justification was that if this was the other way around- (my bf doing this to me) it would be unacceptable. I did not plead guilty and we have to go back to court on Friday. I really don’t want to plead guilty because I really don’t want to have a criminal record, as I am planning on starting new career that might check these things. I also work 60 hours a week currently and have absolutely no time to go to anger management classes. I am far from an angry person and I don’t need them at all! I don’t have very much money at all but I am willing to sell some of my valuables to pay for a lawyer if I have to. I really don’t even know where to start looking for one though, and I am not sure how much a lawyer would cost me anyway. Any help would be highly appreciated in this matter.

This seems to be all about what you want and not what you may need. If you can afford an attorney, I strongly suggest speaking to one.

Regarding the bolded ~ your actions say differently

 

[CdwJava]

Basically last month I was arrested and jailed in los Angeles CA for domestic violence against my live in boyfriend. I believe the whole issue was caused due to the fact that I stopped taking my psych medication a couple weeks earlier and I had a really bad reaction to alcohol.

The LEGAL issue was that you apparently struck your boyfriend. The alcohol and lack of medication might be an excuse, or a partial explanation, but they do not change the legal issue.

We were leaving a club and I guess I started fighting with him in the car and almost made him crash the car.

You "guess"? Did you forget what happened?

We got out of the car and I am told I started hitting and kicking him in the middle of the street.

You were "told"? So, you DID forget what you were doing.

A tow truck driver saw what was happening and called the police. The police came and took a statement from my boyfriend and the man who called the police.

Okay. That's a pretty solid case for misdemeanor domestic violence or maybe public intoxication - or both.

1. I have a perfect record and have never ever been in trouble with the law-

It may be true, but it really only means you have never been arrested or convicted, not that you have never had problems with medication, alcohol, or domestic violence.

2. The whole thing stemmed from a terrible reaction to alcohol that was caused by me quitting my medication. I have never blacked out before- I really did not even drink very much and if I was on my psych medication – there is no way this would have happened

So, who held a gun to your head to keep you from taking your medication? That was a choice YOU made, not someone else. Again, it may ne the cause for your blackout and behavior, but voluntary incapacitation is not a defense to a criminal act.

3. My boyfriend does not want to press charges at all- matter of fact we plan on getting married. I have never hit him or acted violent to him ever!

That's great. But, he has no say at all in the matter. Not directly, anyway. he can always ell the DA what he would like to see happen, and MABE the DA will have him sign a waiver and a release to hold everyone harmless should you go off on him again, and he will drop the matter against you. Maybe.

4. She also thought that I was defiantly punished enough already by going to jail.

Of course your attorney would say that.

I really don’t want to plead guilty because I really don’t want to have a criminal record, as I am planning on starting new career that might check these things. I also work 60 hours a week currently and have absolutely no time to go to anger management classes.

ou may have little choice. The state would appear to have a pretty strong case against you. A plea may be about all you can do. Maybe you can ask for a plea to fighting in public, or even public intoxication as opposed to a DV conviction. You really do not have a lot of leverage here.

I am far from an angry person and I don’t need them at all!

If not anger management, how about counseling about alcohol and your mental health situation and why it is important not to stop taking your meds. You will almost certainly have to take some kind of counseling depending on the plea or conviction you receive at trial.

I don’t have very much money at all but I am willing to sell some of my valuables to pay for a lawyer if I have to. I really don’t even know where to start looking for one though, and I am not sure how much a lawyer would cost me anyway.

If you lack the income or assets, an attorney can be appointed for you by the court.

 

[nightwater]

I don’t know exactly how to do this quote thing so let me try it this way-

“””“You "guess"? Did you forget what happened?”””

I seriously blacked out and have no memories of the incident- I started coming to 3 hours after the incident and I was in jail

“””“So, who held a gun to your head to keep you from taking your medication? That was a choice YOU made, not someone else. Again, it may ne the cause for your blackout and behavior, but voluntary incapacitation is not a defense to a criminal act.””””

I stopped taking my medication because I got on insurance and needed to change doctors- I was waiting for an appointment and ran out of medication. Also I have been on this medication for quite a few years and I thought I would see if I could function without taking it- I obviously could not! I am back on it again and doing fine now. I will never stop taking it again.

“””“That's great. But, he has no say at all in the matter. Not directly, anyway. he can always ell the DA what he would like to see happen, and MABE the DA will have him sign a waiver and a release to hold everyone harmless should you go off on him again, and he will drop the matter against you. Maybe.””””

Well this is good advise! How would he go about getting in touch with the DA?

“”””””If not anger management, how about counseling about alcohol and your mental health situation and why it is important not to stop taking your meds. You will almost certainly have to take some kind of counseling depending on the plea or conviction you receive at trial.”””””

I would not mind taking classes about mental health and alcohol. I am scared to death to even catch a remote buzz after this nightmare. I defiantly know that taking medication is a serious thing and I would not mind going to a class about it because it relates to me. Do you know of a program like that?


Basically I am not sure what to expect when I go in Friday. The public defender suggested that I didn’t plead guilty when I was in court a couple weeks ago so now I have to go back in Friday. I will have my boyfriend try to contact the DA. Is there anything I should bring with me to court to help the situation? My boyfriend will be there but should I also bring a family member or a note from my doctor? Do you think I will have a chance to speak to the judge and plead my case?

 

[Banned_Princess]

You have already been told, that you not taking your meds and blacking out is no excuse, or defense to your case.

When you go to court, before court begins, have your boyfriend try to speak to the DA on your file. She/he does not have to do what your boyfriend wants, and probably she wont.

You might need to hire an attorney, and that costs whatever the attorney you call tells you it costs. You can ask for an extention to hire a lawyer.

 

[nightwater]

You have already been told, that you not taking your meds and blacking out is no excuse, or defense to your case.

When you go to court, before court begins, have your boyfriend try to speak to the DA on your file. She/he does not have to do what your boyfriend wants, and probably she wont.

You might need to hire an attorney, and that costs whatever the attorney you call tells you it costs. You can ask for an extention to hire a lawyer.

should i hire an attorney before Friday and bring him in with me, or should i go into court alone and file for an extension when i am there? Will the DA be at court when we go or is there a way to get in touch with him/her before we show up?

thank you people soooo much btw

 

[Banned_Princess]

should i hire an attorney before Friday and bring him in with me,

My boyfriend would (I wont say I will, because I wouldnt be in the possition to need one)

or should i go into court alone and file for an extension when i am there?

You would ask for one when you are called, if thats what you need to do.

Will the DA be at court when we go

Yes

or is there a way to get in touch with him/her before we show up?

He can try to call the da's office.

thank you people soooo much btw

Your welcome.

 

[HomeGuru]

Hire an attorney......

 

[nightwater]

Hire an attorney......

I am thinking this is what i am going to have to do- i have never hired an attorney before, any advise on where to find a good one that can help me drop these charges? Also how much can i expect to pay?

 

[Banned_Princess]

I am thinking this is what i am going to have to do- i have never hired an attorney before, any advise on where to find a good one that can help me drop these charges? Also how much can i expect to pay?

Call local attorneys.

Spend a day or two in your court room, hire the one you see the most, or the one you think is best.

 

[nightwater]

So I have called and talked to a couple of lawyers. I think it is going to be way more money than I can possibly afford to have a lawyer represent me. The more I read about this charge- the more I realize I am kind of screwed. I am defiantly guilty, so I am also afraid of going to trial and being found guilty and going back to jail-(plus paying a lawyer 5000+ dollars on top of that). My boyfriend has been trying to call the DA’s office to try to get some help- but nobody is calling back. Do you think I might have a chance at getting this charge reduced to something less if I plead guilty? I have read about people getting charges reduced to disorderly conduct- do you think I should ask the public defender to try? Are there any other lesser charges like public intoxication that I should ask for? I don’t want this on my record- A lesser charge may be tolerable- so, should I try for it? if not should I just try postpone the court date so I can find a lawyer that can help me?

 

[Banned_Princess]

So I have called and talked to a couple of lawyers. I think it is going to be way more money than I can possibly afford to have a lawyer represent me. The more I read about this charge- the more I realize I am kind of screwed. I am defiantly guilty, so I am also afraid of going to trial and being found guilty and going back to jail-(plus paying a lawyer 5000+ dollars on top of that). My boyfriend has been trying to call the DA’s office to try to get some help- but nobody is calling back. Do you think I might have a chance at getting this charge reduced to something less if I plead guilty? I have read about people getting charges reduced to disorderly conduct- do you think I should ask the public defender to try? Are there any other lesser charges like public intoxication that I should ask for? I don’t want this on my record- A lesser charge may be tolerable- so, should I try for it? if not should I just try postpone the court date so I can find a lawyer that can help me?

Then your best, and only bet is with the public defender.

Thats it. then take what you can get that doesnt involve jail time, and call it experience. dont act that way again.

 

[Banned_Princess]

So I have called and talked to a couple of lawyers. I think it is going to be way more money than I can possibly afford to have a lawyer represent me. The more I read about this charge- the more I realize I am kind of screwed. I am defiantly guilty, so I am also afraid of going to trial and being found guilty and going back to jail-(plus paying a lawyer 5000+ dollars on top of that). My boyfriend has been trying to call the DA’s office to try to get some help- but nobody is calling back.

Do you think I might have a chance at getting this charge reduced to something less if I plead guilty? I have read about people getting charges reduced to disorderly conduct- do you think I should ask the public defender to try?

Are there any other lesser charges like public intoxication that I should ask for? I don’t want this on my record- A lesser charge may be tolerable- so, should I try for it? if not should I just try postpone the court date so I can find a lawyer that can help me?

RE: highlighted question.

Yes.

 

[nightwater]

so,
when i go in friday- I will tell the PD that i would like to plead guilty to a lesser case -any suggestions on an examples of a lesser charge that might work with my case? Also what if the judge or DA says no? - can I still plead not guilty and get a lawyer to help me with this?