[hsjohn76]

Please someone offer some advice as to what happened. Long story short, my sister in law is from Kentucky, moved to Montana to be with her on again off again horrible boyfriend. They went on vacation to California and at a hotel in Sacremento they had too much to drink and got in a huge fight and he said he wanted to get another room. She went nuts and followed him to the lobby kicking and screaming and then got arrested at 3:00 am with "Battery against someone from a previous relationship". They set bail at $5000 but wouldn't even let her be bailed out until Tues. She was strip searched at the jail, had to share a cell with someone who was hiding meth in the cell and watched as prostitutes came and left with no booking b/c it took too long and cost too much for the required AIDS test. This all seems so outrageously ridiculous to me when she has no prior record. She is flying home to KY today but has to go back for a court date on the 15th. Her now ex boyfriend said he didn't want to press charges, but does anyone have any idea what the outcome could be? Could she really get jail time for this?? Would she get community service when she lives out of state? This happened in KY to a friend and she was bailed out with in 4 hours, given a fine and probation. I can't believe this is all happening to her on a vacation.

[Litigator]

It sounds like she is charged with domestic battery. She could get jail time but probably will not assuming she has no prior record and also assuming that the injuries to the other person were minor such as abrasions, scratches, etc. Probation with conditions such as community service, counseling, etc. is a distinct possibility. There is also a concern about the potential for the charge being on her record, depending on the final disposition.

The prosecutor gets to decide whether to pursue the prosecution of the case regardless of the victim's wishes. She'd be well advised to place some calls and see about retaining an attorney in California to represent her--this charge is not like a traffic ticket and she should not take it lightly.

Also, the reason for the amount of bail, which does seem fairly high if it is a misdemeanor battery that is involved here, is probably due to the fact she resides out-of-state--the bail is to ensure her future court appearances.