My question involves criminal law for the state of: Orange County, California
I was arrested and charged with PC 245A2, 422, VC 23152A, 23152B.
As I read the explanations of the charges they were: DUI, DUI with over .08%, Assault with a Firearm, Criminal Threats.
The assault with a firearm / criminal threats was in defense of my property / home as I was threatened. A 6-12in piece of reed bar was thrown at my garage door and placed a dent in it (around 3am). I opened the door and saw the person running away. He threatened to kick my ass and ruin my sons life. (He has a history of spousal abuse and stalking/violence)
The cause of him doing this was my wife was out with his separated wife (they live in the same home when he is in CA) and I was trying to locate her as it was over 1.5hrs after they should of been home, I went over and rang the door bell 2 different times but no one answered.
The weapon was an unloaded BB gun.
The DUI came about as I was moving my car out of our community parking to the street as my car was threatened with damage in the exchange of words we had.
I threatened to get a gun if he continues with his threats. About 10 minutes later after digging my dusty BB gun outta a box I went out front (inside my gate and looked for him but could not find him). He claims I pointed the gun in his face.
Anyways, so the question is, I was released on a $5k bond/$50k bail (within 5 hrs), it has been over a month since the arrest and is less than 11 days till the arraignment listed on my Bail Receipt. I have contacted the bail bondsmen to inquire what to do as no case has been filed and Im not on the court calendar (checking the online case search/calendar). The bail bondsman says to not do anything to bring the case to the DA's attention. They said they will receive a letter within 5 days of the arraignment date and will call me if I must go.
1: Retain my preferred attorney to get him working on the case?
2: Ignore it till a case is filled?
3: Get a copy of the police report to see what is on it?
Also in regards to the DMV hearing on the DUI, should I just let it stand so it is not brought to the DA's attention or should I dispute it since they havent filled a case? They had no reason to stop my car just driving out of the community (private) lot.
Thanks for your help