Need advice. My daughters life is on the line.

[bb229]

I was arrested in Riverside County California on the 14th and am out on bail right now. The charges are Domestic Volince, and Assult with a Deadly Weapon. My first court date in Aug. 11th.

Started with a argument with my wife that escalted, the following day she had her brother come pick her up. He assulted me physicly however the cops dont seem to care much about that. I tried getting away however he blocked my cars path, after backing up my intention was to go around him however he moved out of the way. From the panic my foot sliped off the clutch and the car lurched towards him but did not hit him. He however called the police saying I was trying to run him over.

Long story short, my wife now wants to drop the charges however there is not much she can do at this point because the DA's office is the one charging me. Same goes for her brother.

My 5month daughter was hospitalsied yesterday for a life threating condition, the Doctors have gave her a 3-4month life expacancy if nothing is done. She is currently covered under my medical insurance through my work, and it is the only way we can afford to give her the care she needs. I CAN NOT lose my job, if I lose my job I will lose my daughter.

This is my first offense EVER, I am praying for probation as this will allow me to keep my job. I would also have to be able to keep my drivers linsence in order to keep my Job.

What is the probablity that this will happen? What should I do? Where do I go?

Somebody please help me. I am totaly broke and am being evicted from my home by the end of the month due to the fact I have to use my rent money to pay for my bail(I had to bail out in order to keep my job). I have no way in comming up with any money for a lawyer in time for the court date.

Thanks.

 

[CourtClerk]

Go to your arraignment, plead not guilty and ask for a public defender. Talk over your options with them.

 

[bb229]

Go to your arraignment, plead not guilty and ask for a public defender. Talk over your options with them.

By arraignment, do you mean my court date?

 

[CdwJava]

By arraignment, do you mean my court date?

Yes she does.

The first court appearance should be the arraignment. That is where you get a chance to enter a plea and, if you have insufficient assets or funds, you may request an attorney be assigned to you.

- Carl

 

[outonbail]

Did you physically assault your wife and leave marks or bruises on her or were you just arguing?

Was CRPD the arresting agency?

I ask because I looked up what I believe is your case and if so, they have only filed the PC 245(A)(1), which is the assault with a deadly weapon, not the domestic violence.

They have however, filed the assault as a felony.

This doesn't mean they can't still add the DV, but it is not listed in your case report as of this time.

 

[CdwJava]

If the charges are domestic violence and assault with a deadly weapon or with force likely to cause great bodily injury, the charges are likely PC 273.5 and PC 245(a)(1). Both can be charged as felonies and generally are at least booked that way.

How did you look up the case? Did the OP provide a name at some point?? Plus, if no arraignment has yet occurred, it may not yet be in the court website anyway. I believe that most cases are not entered until after the arraignment, though they might be entered when the complaint is filed ... I don't think so, but they might be.

- Carl

 

[CourtClerk]

How did you look up the case? Did the OP provide a name at some point??

I'm almost sure Riverside County is one of those few counties (like Orange) that posts the arrests...

 

[outonbail]

I believe Riverside will post case information on line when bail is posted, a court date set and the defendant is released. At least this is the way it appears,,,,

 

[outonbail]

I'm almost sure Riverside County is one of those few counties (like Orange) that posts the arrests...

The Sheriff lists all arrests at the following address:
Inmate Information System

The Case information which is posted by the court is at the following address:
Riverside Public Access 5.5

The Internet is a great thing,,,,, although the information that it contains can be scary. Not much left in the way of privacy these days,,,,,

 

[CdwJava]

Even so, how did you find out the OP's name to begin the search?

And if true, why drop the 273.5? That would seem silly! Or, the police did not book him on it so it might have to be added later. It would be too early to have dropped it in lieu of a plea deal.

- Carl

 

[outonbail]

Even so, how did you find out the OP's name to begin the search?

I searched the booking numbers, that gave me the rest. Took about 15 minutes. Used to be faster to accomplish but they changed the site a little. It now requires three letters of the last name rather than one.

And if true, why drop the 273.5? That would seem silly! Or, the police did not book him on it so it might have to be added later. It would be too early to have dropped it in lieu of a plea deal.

- Carl

This is why I asked him if he actually made any physical contact with her. If there were no obvious signs of him striking her and she is unwilling to testify against him (as so many foolish women believe it will not happen again) the DA may have decided not to file on it. Add to that the fact that she didn't leave the night it happened, but chose to wait until the next day to call her brother.

But like I said, it may still materialize. In fact, if there are photos of bruising or injuries, the OP can probably count on it.

 

[CdwJava]

This is why I asked him if he actually made any physical contact with her.

Without any physical contact alleged, there would be no DV charge to have been booked on.

If there were no obvious signs of him striking her and she is unwilling to testify against him (as so many foolish women believe it will not happen again) the DA may have decided not to file on it.

Then why the 245? Unless the defendant wielded a weapon such as a knife or a club and tried to strike the victim, 245 would not be appropriate either. Typically we see 245 charged with 273.5 or 243(e) or even 243(d) because the force used during the attack was such that it could have caused great bodily injury even if it did not. Many DV related 245 charges are as a result of weaponless attacks such as strangling, kicking while down, bouncing a head off the ground, etc. It is unusual to find 245(a)(1) by itself without the DV charge in a DV related incident ... unless, as I said, the defendant wielded a weapon, swung, and missed.

Add to that the fact that she didn't leave the night it happened, but chose to wait until the next day to call her brother.

That's typical.

But like I said, it may still materialize. In fact, if there are photos of bruising or injuries, the OP can probably count on it.

Even if there is merely the allegation they can count on it being filed. Riverside County has historically been pretty tough on DVs so I don't suspect they would just let it go. I would think that the court website is slightly off, or the paperwork was not all in. I know from experience that my county website does not always have it right and we have been told NOT to rely on it as a source of information concerning offenses, convictions, or probation information.

EDIT: And from the Riverside County Court site concerning records searches: " The Riverside Superior Court, furthermore, does not guarantee or warrant the correctness, completeness or utility for any general or specific purpose of the data available through the access of this site."

- Carl

 

[outonbail]

Without any physical contact alleged, there would be no DV charge to have been booked on.


Then why the 245? Unless the defendant wielded a weapon such as a knife or a club and tried to strike the victim, 245 would not be appropriate either. Typically we see 245 charged with 273.5 or 243(e) or even 243(d) because the force used during the attack was such that it could have caused great bodily injury even if it did not. Many DV related 245 charges are as a result of weaponless attacks such as strangling, kicking while down, bouncing a head off the ground, etc. It is unusual to find 245(a)(1) by itself without the DV charge in a DV related incident ... unless, as I said, the defendant wielded a weapon, swung, and missed.

I was going under the assumption that the 245 was for his allegedly trying to run down his brother-in law. You would certainly know more than I in these situations Carl, I don't argue that. But he did post the following:

I tried getting away however he blocked my cars path, after backing up my intention was to go around him however he moved out of the way. From the panic my foot sliped off the clutch and the car lurched towards him but did not hit him. He however called the police saying I was trying to run him over.

Would this qualify as the wielding of a weapon and missing like you mentioned?

Even if there is merely the allegation they can count on it being filed. Riverside County has historically been pretty tough on DVs so I don't suspect they would just let it go. I would think that the court website is slightly off, or the paperwork was not all in. I know from experience that my county website does not always have it right and we have been told NOT to rely on it as a source of information concerning offenses, convictions, or probation information.

I certainly am aware of and understand this. I wasn't trying to give the OP any false hopes, as he is in serious legal trouble regardless if he's facing one charge or two. I have also seen where the court website information doesn't list all the charges until a defendant is arraigned.

The reason I have asked the questions and posted what I have, is because I was looking at the two charges, as stemming from two separate incidents. One with the wife and one with the wife's brother. This is how I received his post and I may be wrong in that sense.
However, he did post that both his wife and her brother no longer want prosecution, which again has me thinking there are two charges for the two different incidents. Arguing with the wife the night before and trying to run down the brother the next day.

Does this make any sense or am I missing something?

 

[CdwJava]

I was going under the assumption that the 245 was for his allegedly trying to run down his brother-in law.

You're probably right - I was focusing solely on the DV element. I forgot that there was another potential victim here.

I am still perplexed as to why they might have dropped the 273.5 if it had, indeed, been dropped. I suspect that was in error, or, the victim has come in to the DA's office, signed her life away recanting her statements and alleging nothing happened, and signing a release agreeing to hold law enforcement and the rest of the world harmless should the defendant get out and harm her again. So, perhaps the DA decided to drop the matter or the incident never rose to the level of a 273.5 anyway.

- Carl

 

[bb229]

Did you physically assault your wife and leave marks or bruises on her or were you just arguing?

Was CRPD the arresting agency?

I ask because I looked up what I believe is your case and if so, they have only filed the PC 245(A)(1), which is the assault with a deadly weapon, not the domestic violence.

They have however, filed the assault as a felony.

This doesn't mean they can't still add the DV, but it is not listed in your case report as of this time.

I did not lay my hands on her. She had a bruse on her knee from a few days before the insident that was from her bumping into our living room table. She also had some scratch marks on her leg that was from our dogs. She claims she told the cops that I gave her the bruse on her knee, she says she said that because she was mad at me and her brother told her to say that.