Domestic Violence Charges After Volunteering to Be Arrested to Protect My Boyfriend
My question involves criminal law for the state of: California in Los Angeles
My bf and I got into a heated argument. My bf was grabbing my arms not wanting me to get out of the apartment and was pulling my arms and pushed me. I fell down, we both had scratches! Some one called the cops on us. Cops arrived to scene, some one needs to go to jail cop said. I told the cop that my boyfriend has felonies And I don't want to have him go to jail. since at that time I didn't have any charges on my criminal record I told the cop, I'll be willing to talk to the cops.The cop told me it would b easier if I went down there to complete the police report. Okay I said, no handcuff we're put on me and. When we got to the police station the. Cop told me that they need it to take a picture and finger prints, then I was confused, he told me this wAs normal procedure and that I need it to stay in for a couple days, but that me and my boyfriend couldn't be in the same apartment, my boyfriend went to see me the next day never pressing charges.and told me I was gonna come out after 3 days from the police station to see a judge. I was really mad and frustrated at the cop that lie to me and never read my Miranda rights. So I stayed 3 days At the police station then they took me out to supposedly see a judge but an officer at court told me that the arrest will b on my record and that I was free to go. I was still confused. I Asked the officer At court what was gonna happen to me I though I need to see a judge. But a cop at court told me it wasn't necessary for me to see the judge because there were no evidence that I was hurting my boyfriend and there was nothing else for me to do. And I left the court. I never received any notification to go back to court for a hearing or anything at a All. Now four years have passed I found there's a charge for assault on my criminal record. I called the police station where I went and ask them to give me the police report, they said no report was done. I went down there with my ID they said they could only give me a copy of my booking record with the charge of 243 e 1 PC bat:spouse/ex sp.
But what I'm really having hard trouble understanding is that how can the district attorney charge me with a crime that I didn't commit.
I was presumed not guilty and was let go by the officer at court and cop with no infractions or probation. cops didn't let me speak with a judge I never plead guilty or no contest. for which there is no final disposition stated on the record or otherwise determined,
And I wish to correct the record as it appears in the record system.
Re: Can I Be Charge for 243 E PC Bat
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Sari
My question involves criminal law for the state of: California in Los Angeles
My bf and I got into a heated argument. My bf was grabbing my arms not wanting me to get out of the apartment and was pulling my arms and pushed me.
Okay, so he committed battery on you AND he apparently was keeping you against your will (false imprisonment - a misdemeanor).
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When we got to the police station the. Cop told me that they need it to take a picture and finger prints, then I was confused, he told me this wAs normal procedure and that I need it to stay in for a couple days, but that me and my boyfriend couldn't be in the same apartment,
So, you were arrested, it seems.
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my boyfriend went to see me the next day never pressing charges.
He does not have a choice in the matter - it is up to the DA.
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I was really mad and frustrated at the cop that lie to me and never read my Miranda rights. So I stayed 3 days At the police station then they took me out to supposedly see a judge but an officer at court told me that the arrest will b on my record and that I was free to go. I was still confused.
It sounds like the DA did not file charges in time for you to be arraigned, so you were released pending the filing of charges. If charges are filed later, you will either be issued a summons commanding you to appear in court at a specified date and time, or, a warrant will be issued for your arrest and the police will find you and take you in at some point.
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Now four years have passed I found there's a charge for assault on my criminal record. I called the police station where I went and ask them to give me the police report, they said no report was done. I went down there with my ID they said they could only give me a copy of my booking record with the charge of 243 e 1 PC bat:spouse/ex sp.
If no charges were ever filed and no arrant was issued, then the only thing on your "record" (whatever that is that you were told about) is an arrest - apparently for PC 243(e)(1) which is misdemeanor domestic violence (battery).
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But what I'm really having hard trouble understanding is that how can the district attorney charge me with a crime that I didn't commit.
You said you were never charged. So, have you been charged, or not? If you were charged, you would have to appear in court and give a judge a plea: Guilty, or, Not Guilty. That is an arraignment. If you have not been arrested on a warrant from those charges four years ago, no summons or citation was issued to you, and your state criminal history reflects only the arrest, then no charges have been filed.
You can apply to have the record purged with a finding of factual innocence.
Read Penal Code section 851.8 here:
http://www.leginfo.ca.gov/cgi-bin/di...00§ion=pen
An attorney can pursue this for you.
Re: Domestic Violence Charges After Volunteering to Be Arrested to Protect My Boyfrie
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Disagreeable
Cause Uncle Sugar is making a list and checking it twice, so he can determine who's naughty and nice. He gives billions in grants to make sure it happens.
Then there is the real reason ... allowing officers and victims the discretion to make the arrest or not did not work. Victims got seriously injured and even died. So, statutes changed (even <gasp!> BEFORE there was grant money available to educate and assist victims and pursue and prosecute offenders) to reflect the reality of the violence. As a result, arrests are strongly encouraged (rarely required by state law), but this is too often referred to as "mandatory" by officers who are either intentionally or erroneously mis-stating state law or agency policy.
And ANY arrest must still comport to the law. In other words, probable cause must be established prior to the arrest.