Dropping Penal Code 415 Charges

[Ace82]

My question involves criminal law for the state of: California. So my question is this: recently there was a public fight between me and another person. I was asked if I wanted to press charges and my answer was yes, while the other party didnt. The day after this incident, which was a little while ago, the other party member recieved a summons notice. I then went to the local police station and filled out some paperwork for the PD to send to the local DA's office requesting charges be dropped. However, now I have recieved a summons to court.

To put it simply: neither party wishes to press charges against eachother, but now we're being told to both appear in court. Is there any possible way out of this situation? Thank you for your time.

[quirkyquark]

The way courts phrase this situation is..."You can't unring the bell..."

The Penal Code involves crimes against "the People"...not private matters (which are civil, as opposed to criminal). Once you report it, it's up to the DA whether to file charges or not; it's out of your hands. This looks like a typical "disturbing the peace" cite; it MAY be dropped after the first court conference given your position.

Our resident expert cdwjava (also a police officer) should be along to give you more helpful advice soon.

[Ace82]

What is also curious, and I hope this isnt giving out too much detail, but I was told I was "drunk in public" as well (though I was never given a test to prove such). The cops said they werent going to press charges but rather they were going to hold me for 6 hours. They said I wouldnt even have to appear in court. I'm also wondering if it's possible to claim I was intoxicated when asking for charges to be pressed? Or would that work against me/the other party member?

[Disagreeable]

Once you signed the complaint, the DA chose to file the charges. You cannot make the DA unfile them. You are required to testify, whether you want to do so or not. If you feel your testimony might create a situation where you might incriminate yourself, you could exercise your right to not self incriminate, however your signed statement is still admissible and you might face charges on the basis of it.

[cdwjava]

So, this was a drunken fight between two people and now both you are being charged with the fight?

Understand that this is about fighting in public and not about battery against him or against you. Both of you may wish to drop battery charges, but you were still fighting in public and the state does not need either of your permission to pursue that as no specific complaining victim is necessary.

Appear in court as indicated on the summons.

Question: Was this an actual SUMMONS indicating you are being called to court as a defendant? If so, then you need to speak with an attorney or ask for appointed counsel at the arraignment. Or, is this a SUBPOENA ordering you to appear as a witness in the case?

[Ace82]

No, only I had been drinking. And yes, we are both now having to go to court. However, there are no wittnesses that can/will testify. I have not read the papers my friend recieved, but I imagine his looks like mine:

"Dear Mr. Ace82,

A complaint charging you with the violation of Section 415 of CA Penal Code has been filed in the ____ Judicial District.

You are hereby served with notice that you are to appear on DD/MM/YY at court, to answer for the charges of the violation described above."

This is the first time I've ever had any legal issues, so I'm not quite sure what it all means aside from me having to go to court on said date.

[cdwjava]

If no one testifies, then you might both be home free. If, however, the officer(s) witnessed the tussle then there WILL be a a witness (the officer) and the matter can still be pursued. I suspect that is where this is going.

You will learn more at the arraignment.