What Is a City Attorney Office Hearing
My question involves criminal law for the state of: CALIFORNIA
Hello! I was involved in an altercation that was filmed on camera. I was later contacted by the police who were investigating the incident. It happened in Los Angeles. I told the investigating officer that I had nothing to say & that when they were ready to press charges, that I would be willing to assist them with the help of an attorney. They hung up & now a couple weeks later, I have received a letter from the City Attorney requesting that I show up on a certain date for a City Attorney Office hearing. What is this & how should I prepare for it?
Re: City Attorney Office Hearing
Quote:
Quoting
Normandie
What is this & how should I prepare for it?
By getting an attorney if you plan to attend.
Re: City Attorney Office Hearing
The City Attorney is the prosecutor. It appears they're ready to talk to you and possibly press charges. So you get an attorney, and show up. This is what you asked for.
Re: City Attorney Office Hearing
Thank You, BUT WHAT IS THE PURPOSE OF THE CITY ATTORNEY WANTING A MEETING? WHAT IS HIS AGENDA?
Re: City Attorney Office Hearing
There is no need to yell. His agenda is to decide whether to charge you or not. Hence, the advice to take an attorney.
Re: City Attorney Office Hearing
The City Attorney Hearing Program provides an alternative to the court system with nearly 10,000 cases being referred to hearing officers each year. This informal, non-judicial process is used to resolve a multitude of disputes.
However, if an informal resolution cannot be obtained, criminal prosecution is still an option.
Re: City Attorney Office Hearing
Sorry guys, I was not yelling, I was emphasizing my main question. :)
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I just thought of another question. What is the difference of bringing an Attorney to such a meeting vs going without one & saying nothing to incriminate yourself?
Re: City Attorney Office Hearing
The purpose of the City Attorney Hearing is to provide an alternative to criminal prosecution by finding an informal resolution. This can include both parties explaining their side of the situation to each other (which wasn't able to happen previously when tempers were flaring), the making of apologies, civil restitution, etc. All options are on the table.
Should you choose to remain silent and not participate in resolution, the alternative is criminal prosecution.
It's pretty simple. If you want to play hardball and exercise each and every one of your rights they will not doubt accommodate you. But, if in doing so you leave them no alternative to resolving this but to prosecute the matter criminally, you have no one to blame but yourself. At this point you have to weigh risk against benefit.
Re: City Attorney Office Hearing
Is there anything wrong with saying "I am only here to listen!" How is that playing hard ball? I see a lot of attorneys saying "shut up & listen to what they have to say"
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Also! This forum has advised me to bring an attorney. Is that not playing hardball? I'm not being a jerk. I'm trying to understand all angles of this process
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One last thing! Here is a direct quote by a 19 year veteran prosecutor about what a City Attorney office hearing actually is. So they are not there just to resolve anything, but are in fact there to get you to put a noose around your own neck if they can. I'm not saying that I'm guilty of anything wrong, but I'm trying to be smart because I have never dealt with anything like this before. Here is what that legal expert wrote
The Los Angeles City Attorney's office only prosecutes Misdemeanors. Therefore, if you have been charged in a case, that does not ever get a preliminary hearing. You should have a public defender or attorney. IF not, just go and listen. It sounds like a diversion program. If you like what you hear, take the deal. If not, then ask for a trial. Your choice. Talk to a lawyer, in LA County.
Re: City Attorney Office Hearing
Again, a City Attorney Hearing attempts to resolve the matter to the satisfaction of both parties without having to resort to criminal prosecution. This requires the participation of everyone. Saying you are exercising your right to remain silent and are only there to listen is not participating. In such a case it is unlikely an informal resolution can be reached to the satisfaction of both parties.
Of course, you can bring an attorney and he can speak for you but again, the goal here is to resolve the matter and not litigate it.
If the City Attorney cannot achieve an informal resolution, the next step is to seek a formal one via criminal courts.
There's really not much more I can ad.