Said Too Much to the Police

My question involves criminal law for the state of: CA
This morning my brother commenced arguing with me vehemently after I asked him to stop using my toothpaste (yes, this is unbelievable). I stayed calm but I made the mistake of calling him a liar. He went volcanic with rage. He stuck his face into my face screaming at me repeatedly. He even lunged past me, reached across the bathroom, and swept all my bathroom paraphernalia off my shelf--razor, shaving cream, etc., made a mess in the bathroom. His arguing, screaming in my face continued unabated. When he lunged at me, I wasn't sure what he was after, me or the other shelf with an expensive dental appliance on it, so there was brief grappling in the doorway. I slipped behind him, put him in a headlock until he stopped resisting, then laid him down on the carpet (no blackout or anything close to that). I didn't want to fight. He was up and at it again because he will not accept losing to a younger brother--no matter what. Long story short, he called the police and made a battery charge against me. I had already cleaned up the bathroom; thus I could not support his wild behavior, but he had very mild markings on his upper chest or throat--according to the police (I couldn't see anything). Under questioning, I made a mistake, told the police he lunged at me, and I defended myself with the headlock. The police arrested me but did the booking within an hour and let me go (I stayed calm the whole time). There were no witnesses to the brief fight. We are both adults. I have an arraignment date for a misdemeanor charge in 53 days. Considering my statement to the police, do I stand a chance of a dismissal in an LA County courtroom or is a trial likely (I won't plead guilty).

I suggest starting by getting a copy of the police report. You may also want to get an attorney, such as a Public Defender.

Quote:

---

Quoting fatkat

---

When he lunged at me, I wasn't sure what he was after, me or the other shelf with an expensive dental appliance on it, so there was brief grappling in the doorway. I slipped behind him, put him in a headlock until he stopped resisting, then laid him down on the carpet (no blackout or anything close to that).

---

Since he managed to sweep all those items from the counter before you put a stop to it, it sounds as if this was, arguably, more of an angry response to his actions than any form of legitimate self defense.

Quote:

---

There were no witnesses to the brief fight. We are both adults. I have an arraignment date for a misdemeanor charge in 53 days. Considering my statement to the police, do I stand a chance of a dismissal in an LA County courtroom or is a trial likely (I won't plead guilty).

---

Presumably you have been charged with misdemeanor battery per PC 242, correct?

You might find yourself going to trial. It's hard to say. Given the current budget situation in all counties, I suspect this will not be a high priority for them to pursue. But, you never know.

You should consult legal counsel ASAP.

As a note, the police department probably will not provide you with a copy of the report. The DA can provide it to you or your attorney via discovery, and often not until arraignment (if to you).

How do I ask for a public defender? Yes, the charge is PC 242.

Quote:

---

Quoting fatkat

---

How do I ask for a public defender? Yes, the charge is PC 242.

---

At your arraignment you should be asked if you have counsel or need appointed legal counsel.

I forgot to mention: The arrest was a citizen's arrest, not a police arrest, although the police booked me at the station. My brother is doing this because he is extremely vindictive. If I plead not guilty, does the DA prosecute this in court or is it prosecuted by my brother. It seems to me a DA would view this case as "his word vs. your word," and drop the case for lack of a witness. If a citizen's arrest is prosecuted by the arresting citizen, I know I can beat it with a public defender. Please comment on this aspect. Thank you.

Also, I believe my brother would like to obtain a restraining order or a protective order against me as a device to kick me out of the house. At what point would he be able to do such a thing? He doesn't work, he gets his money from my senile mother, and he has all day to think of this stuff.

A headlock? Really? He citizen arrested you ... goofy ... the DA prosecutes (your brother cannot do everything). Hopefully by the time trial starts, he won't want to testify against you.

But, of course, we are only hearing one side of the story..... Cain killed his brother remember..

Quote:

---

Quoting fatkat

---

If I plead not guilty, does the DA prosecute this in court or is it prosecuted by my brother.

---

The District Attorney would first decide whether then want to press charges. If so, an Assistant D.A. would be assigned to prosecute. Your brother might appear as a witness. The police would likely be witnesses, too, testifying about what you told them at the time of the incident.