Results 1 to 8 of 8

Hybrid View

  1. #1

    Default Battery on a Police Officer While Drunk

    My question involves criminal law for the state of: California
    Was arrested for being drunk in public. then was arrested for battery on Police officer as well: 243(b) -

    The 243(B) piece was just added on because of my beligerence after being arrested...the officer was not hurt, not even close (just to give background)

    Bailed out. Court date got pushed out a month.

    Now waiting.
    Could all charges be dropped or not even filed?

    Could my court date be cancelled all together if the DA office decides to drop and not even file?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Arrested for Drunk and Battery on Po- Could I Be Dropped

    You have a better chance of winning the lottery than of this going away completely. Depending on how the DA interprets the officer's recollection of the assault on a PO, they might decide to move forward on it. Don't hold your breath though. The drunk in public will probably stick though. What does your lawyer say?

  3. #3

    Default Re: Arrested for Drunk and Battery on Po- Could I Be Dropped

    Lawyer had not given me much advice at this point....
    But i have spoken to someone in the Police department who I know and he said that it has not gone to the DA's office yet, so they don't know if the DA will drop charges or not.
    They did say that usually if someone is drunk the assault charges are dropped (if they are not too serious) as people usually do stupid things when they are drunk.
    So I guess there is no way the Court date will go away.

    2nd question: is there any way I can ask the court date to be changed if I have work obligations?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Arrested for Drunk and Battery on Po- Could I Be Dropped

    Quote Quoting questionsaboutcourt
    View Post
    2nd question: is there any way I can ask the court date to be changed if I have work obligations?
    Your attorney can request a continuance.

  5. #5

    Default Re: Arrested for Drunk and Battery on Po- Could I Be Dropped

    Can I request a continuance...does it have to be my attorney?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrested for Drunk and Battery on Po- Could I Be Dropped

    If your lawyer has appeared in your case, you should have your lawyer request the continuance.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Battery on a Police Officer While Drunk

    Quote Quoting questionsaboutcourt
    View Post
    The 243(B) piece was just added on because of my beligerence after being arrested...the officer was not hurt, not even close (just to give background)
    Had he been hurt, a more serious charge would have been made. Battery does not require an injury.

    Could all charges be dropped or not even filed?
    Anything COULD happen, but what possible motive would the DA have for NOT filing charges?

    Expect to be charged.

    As for the continuance, do you know HOW to request a continuance in your case? If the answer is "no" then you had best let the attorney handle it.

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: Can I Become a Police Officer if I Was Once Charged with Battery on a Police Officer
    By mark1234 in forum Employment and Labor
    Replies: 12
    Last Post: 06-25-2016, 08:35 PM
  2. Drunk and Impaired Driving: Drunk Driving and Assault on a Police Officer
    By stone5454 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 04-09-2011, 06:04 AM
  3. Assault & Battery: Assault and Battery on a Police Officer
    By nettles123 in forum Criminal Charges
    Replies: 2
    Last Post: 05-03-2009, 04:29 PM
  4. Assault & Battery: Assault on a Police Officer While Drunk
    By newyorker2023 in forum Criminal Charges
    Replies: 5
    Last Post: 09-20-2008, 09:01 PM
  5. Assault & Battery: Battery On a Police Officer
    By stayfree407 in forum Criminal Charges
    Replies: 3
    Last Post: 12-19-2006, 10:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources