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California - Violation of due process?

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tfmccomas

Junior Member
California.


I got into a domestic dispute in April 2007, the authorities were called, but I had left before they arrived.

In May of 2008 they arrested me for a seperate incidint (still no word of the previous one) on Misdemeanor Battery charge. I went to court, case dismissed in July due to my kids mother not showing up to testify.

Dec. 2008 my friend and I get pulled over. She has no license, they run my name.... WARRANT from June 2007 on the April 2007 incident... my thoughts? I was never advised of any warrant. keep in mind we remained at the same address, still are... no warrant or info sent by mail, not in person, nothing and thats even AFTER I went to court in 08, nearly a year later.... Im now going to court on the incident, my Public deffender says I have to schedule a serna interview?! They said the charges could get dismissed due to lack of prosectution or something.

Cant I sue the county? For all this drama they are putting me through?

Will my charges more then likely get dismissed?

Thank you in advance for your time.
 
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CdwJava

CdwJava

Senior Member
tfmccomas said:
I got into a domestic dispute in April 2007, the authorities were called, but I had left before they arrived.
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Was a report made of the incident? Under CA law, law enforcement would have been required to "document" the incident.

In May of 2008 they arrested me for a seperate incidint (still no word of the previous one) on Misdemeanor Battery charge. I went to court, case dismissed in July due to my kids mother not showing up to testify.
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You got lucky with the May of 2008 one ... many counties would have sent out the gendarmes to go get her and compel her to testify. You got lucky that she risked jail to save your tail end.

Dec. 2008 my friend and I get pulled over. She has no license, they run my name.... WARRANT from June 2007 on the April 2007 incident... my thoughts? I was never advised of any warrant.
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They don't have to inform you of a warrant. However, if you have not moved at all since the time of the 2007 incident, there may be an issue of a lack of due diligence on the service of the warrant, so your attorney MIGHT be able to argue a statute of limitations issue ... assuming it is a misdemeanor domestic battery charge (PC 243(e)).

keep in mind we remained at the same address, still are... no warrant or info sent by mail, not in person, nothing and thats even AFTER I went to court in 08, nearly a year later.... Im now going to court on the incident, my Public deffender says I have to schedule a serna interview?! They said the charges could get dismissed due to lack of prosectution or something.
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Yep. It's possible. Not sure of what a "Serna interview" might be.

Cant I sue the county? For all this drama they are putting me through?
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Anyone can sue anyone else for anything they choose ... winning is another matter. Tell you what, consult an attorney ... if he offers to take the suit on contingency, then you have nothing to lose by going for it. If he says that you have to pay him up front, it's a loser.

I'm going to guess that this will not be a suit worthy of an attorney's time ... but, I'm not in a position to evaluate that.

Will my charges more then likely get dismissed?
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That depends on the charges. If the SOL on the charges has tolled, and the court rules that their was a lack of due diligence in the execution fo the warrant, then you may prevail.


- Carl
 
J

JETX

Senior Member
tfmccomas said:
I didnt "beat" her.... thank you for you ignorant reply though.
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Your own post says you were 'threatened' with a Misdemeanor Battery charge. Let me help you with your education.... the California Penal Code defines 'battery' as:
242. A battery is any willful and unlawful use of force or violence upon the person of another.

Guess you have a different interpretation than the law, huh??

Granted, you went to court and the charge was dismissed due to "my kids mother not showing up to testify", but that doesn't mean you were not guilty of battery.
 
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