Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2020
    Location
    Bskersfield, CA
    Posts
    4

    Angry Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    My question involves criminal law for the state of: California

    BPD dropped charges on my ex for a very serious DV he commited on me. Officer reported he didn't take photos because i "changed how i got the door unlocked" and it was to darkoutside. I had injuries and marks that were visible and the next day i took 8 photos in the office and asked to be scanned in the case, they weren't.
    DA said they dropped charges due to "lack of evidence".
    How and who can i talk to about my case getting re opened and i felt like i wasn't being treated fairly when i was the victim?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Quote Quoting Bnkstersam
    View Post
    My question involves criminal law for the state of: California

    BPD dropped charges on my ex for a very serious DV he commited on me. Officer reported he didn't take photos because i "changed how i got the door unlocked" and it was to darkoutside. I had injuries and marks that were visible and the next day i took 8 photos in the office and asked to be scanned in the case, they weren't.
    DA said they dropped charges due to "lack of evidence".
    How and who can i talk to about my case getting re opened and i felt like i wasn't being treated fairly when i was the victim?
    What do you mean that "BPD dropped charges"? The police do not charge people, they submit reports to the DA. The DA chooses to pursue a case or not, NOT the police.

    I am confused as how the door was locked might relate to photos (of the door? You? Something else?), perhaps you can explain.

    Understand that all because you may truly be a victim of a crime does not mean that the DA can make a case in court. Knowing and proving are different animals. In many cases you might have a "he said, she said" situation where there is no proof of the matter one way or the other and the DA will not pursue it because it will consume limited resources for no gain. It used to be that DA's offices would often pursue DV cases whether weak or not as they sent a strong message of support to the victims and a warning to the perpetrators. But, as budgets and staff have shrunk, and as jails have been flooded with prisoners that used to be in the state prisons in CA, resources and jail space has gotten tight so pursuing cases to make a point is largely a thing of the past.

    You can ask to speak with a supervisor at the police department. Maybe they can better explain why the matter was not investigated differently. And maybe speak with the DA's office to ask why they dropped the case? Maybe between them they can paint a better picture for you of what happened. In the meantime, I hope you are doing all you can to keep this person away from you. If you have not done so yet, go to court and seek a TRO against him. There are services in every county to assist you with legal help and even financial resources to help.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jul 2018
    Posts
    2,441

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    The answer to your question is the DA.

  4. #4
    Join Date
    Jan 2020
    Location
    Bskersfield, CA
    Posts
    4

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    That is where i was confused. this happened just a few days short from Christmas. Pertaining to the door, my Ex boyfriend of 7 yrs and the father of my 4 yr old child; had shoved on the ground and his 220 lbs body; positioned laying face first in the floor/chest. Applied his body weight on my back rib/chest area. after numerous of times begging for me to get off, he just put his hand over my mouth and said "ssshhh, your gonna die tonight b***h". I had to act like i stopped breather, once i did, he got up like nothing happened, unlocked the door and that's when i jumped up and rushed out the door. Its like the BPD didn't believe me. I was so frightened i had urinated myself, tank top shirt was ripped on one shoulder, pants ribbed, and i had bit my tongue so hard when i was crying out for help Officer took no pictures or documented any injuries.
    After being lowered in by his mother that ha only been staying at our residents for 2 months lowered my into her room, where i thought she was gonna help me, come o find out i was wrong, than again i was locked into her room so i couldn't go out side and call 911. So i tried to kick out one of the windows (and at this time i had my daughter around my hip holding her) finally i got her door unlocked and ran out the front door. Went to three different neighbors knocking no one answered. I seen a bi-standard walking down the street, so i ran to him and called 911 on his phone. Thats why im so confused, this is serious to me and i feel like i was a joke to them, I called BPD, they said that the DA office picked up the charges, so i called them. I was on the phone with them for twenty minutes. In their words told me they had picked up the case but the recorded officer and asked for the case to get re sent back to them, than they closed the whole case due to "not enough evidence". to call the BPD office and ask to talk to the reported officer and him to re open the case ad if he doesn't, after 30 days i can go into the DA office and file a walk-in-complaint" but cannot due so until the 30 day wait period.
    I had already filed for a EPO but was up in 5 days, and even tho we purchased our home together that is paid off, his name was the only name on the paper work, so he made me and our daughter leave after the 5 days. He didn't have any consciousness were nothing, NOT EVEN CLASSES. This was his third documented on paper with the police. First, i was able to drop it with the DA, i don't know how i was able too, second' a warrant was issued but never went further than that.
    Yes i am aware from this man, thank you. I'm not trying to be be bitter and get him in trouble, but this is crazy ow nothing is being done, the evidence was there, injuries were there, there were even 3 different witness at our home, but only stated to the police that they were not in the room with the accident took place but heard me yelling and screaming for help and that's when they tried to come in.

    Am i being tossed around ya'all think, or did they DA really drop chargers, or was it the BPD? And why would the reporting officer not document any of my injures or statements i told them, or took me serious. I was in shock, my mind was racing so fast. Also, why would the receptionist tell me after i handed her over the photos i took the next day of my back and ribs with dark big bruises, or bit tongue and busted lip, that she scanned them into the case file, only to find out, there was no pictures added at all.
    i don't know what to do, iv called family justice center, legal law, legal advise, when i applied for child support informed my case worker, and reached out for help with the department of human services, with no luck.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,265

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Quote Quoting Bnkstersam
    View Post
    That is where i was confused. this happened just a few days short from Christmas. Pertaining to the door, my Ex boyfriend of 7 yrs and the father of my 4 yr old child; had shoved on the ground and his 220 lbs body; positioned laying face first in the floor/chest. Applied his body weight on my back rib/chest area. after numerous of times begging for me to get off, he just put his hand over my mouth and said "ssshhh, your gonna die tonight b***h". I had to act like i stopped breather, once i did, he got up like nothing happened, unlocked the door and that's when i jumped up and rushed out the door. Its like the BPD didn't believe me. I was so frightened i had urinated myself, tank top shirt was ripped on one shoulder, pants ribbed, and i had bit my tongue so hard when i was crying out for help Officer took no pictures or documented any injuries.
    After being lowered in by his mother that ha only been staying at our residents for 2 months lowered my into her room, where i thought she was gonna help me, come o find out i was wrong, than again i was locked into her room so i couldn't go out side and call 911. So i tried to kick out one of the windows (and at this time i had my daughter around my hip holding her) finally i got her door unlocked and ran out the front door. Went to three different neighbors knocking no one answered. I seen a bi-standard walking down the street, so i ran to him and called 911 on his phone. Thats why im so confused, this is serious to me and i feel like i was a joke to them, I called BPD, they said that the DA office picked up the charges, so i called them. I was on the phone with them for twenty minutes. In their words told me they had picked up the case but the recorded officer and asked for the case to get re sent back to them, than they closed the whole case due to "not enough evidence". to call the BPD office and ask to talk to the reported officer and him to re open the case ad if he doesn't, after 30 days i can go into the DA office and file a walk-in-complaint" but cannot due so until the 30 day wait period.
    I had already filed for a EPO but was up in 5 days, and even tho we purchased our home together that is paid off, his name was the only name on the paper work, so he made me and our daughter leave after the 5 days. He didn't have any consciousness were nothing, NOT EVEN CLASSES. This was his third documented on paper with the police. First, i was able to drop it with the DA, i don't know how i was able too, second' a warrant was issued but never went further than that.
    Yes i am aware from this man, thank you. I'm not trying to be be bitter and get him in trouble, but this is crazy ow nothing is being done, the evidence was there, injuries were there, there were even 3 different witness at our home, but only stated to the police that they were not in the room with the accident took place but heard me yelling and screaming for help and that's when they tried to come in.

    Am i being tossed around ya'all think, or did they DA really drop chargers, or was it the BPD? And why would the reporting officer not document any of my injures or statements i told them, or took me serious. I was in shock, my mind was racing so fast. Also, why would the receptionist tell me after i handed her over the photos i took the next day of my back and ribs with dark big bruises, or bit tongue and busted lip, that she scanned them into the case file, only to find out, there was no pictures added at all.
    i don't know what to do, iv called family justice center, legal law, legal advise, when i applied for child support informed my case worker, and reached out for help with the department of human services, with no luck.
    You need to make sure that you never put yourself in the position again where he can do something like that to you. You need to get custody of your daughter legally established, parenting time legally established and you have to ask the judge to order that all exchanges take place in a public place and that all communications have to go through something like "My Family Wizard". Google that.

  6. #6
    Join Date
    Jun 2014
    Posts
    3,187

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Quote Quoting llworking
    View Post
    You need to make sure that you never put yourself in the position again where he can do something like that to you. You need to get custody of your daughter legally established, parenting time legally established and you have to ask the judge to order that all exchanges take place in a public place and that all communications have to go through something like "My Family Wizard". Google that.
    The above is the best advice anyone will give you. Please follow it.

    Did you seek medical attention directly after this ? If you did not, next time you need to go straight to the ER if you are injured. Injuries have to rise to a certain level for a case to be valid.

  7. #7
    Join Date
    Jan 2020
    Location
    Bskersfield, CA
    Posts
    4

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Yes, i did. I couldn't breathe due to my ribs. This happened a little after midnight. I had no one to watch my daughter and i wasn't sure if i was able to bring her in the back of the ambulance with me. She was very frightened already. It took me two days to go to the urgent care for x rays, no cracks in bones but i think it's my chest that had gotten squashed or something. I have pictures that i took of both my sides and whole back area. You can see the black and blue bruises and looks like my right rib cage was sticking out compared too my left.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Part of the problem with late reported injuries is that they lose much - if not ALL - of their evidentiary value. If you declined an ambulance that night and then waited two days, that potentially plays against you.

    Once again, you might want to consider phone calls to a police supervisor o above, and the the DA's office. Ask them what happened and maybe they can explain the situation and provide any options.

    In the meantime, I reiterate that you should seek a restraining order and assistance to help you and your child to get free of your abuser.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Initiation of Charges: Arrested, Charged, Never Taken to Court, Does That Mean the Charges Were Dropped
    By momoffour in forum Criminal Procedure
    Replies: 1
    Last Post: 04-22-2011, 05:36 AM
  2. Minor in Possession: Cops Went to Wrong House, Victim Dropped Charges, Yet Still Charged
    By apang42 in forum Criminal Charges
    Replies: 1
    Last Post: 08-22-2009, 04:38 AM
  3. Retail Fraud / Shoplifting: If Charges Are Dropped Can Juvenile Still Be Charged
    By kathleen H in forum Criminal Charges
    Replies: 2
    Last Post: 04-29-2009, 09:37 PM
  4. Assault & Battery: If Charges Are 'Dropped' Are They Dropped Forever
    By H.Gale in forum Criminal Charges
    Replies: 6
    Last Post: 02-08-2009, 01:19 PM
  5. Initiation of Charges: Defendant Was Charged Even Though The Victim Dropped The Charges
    By intellem0s in forum Criminal Procedure
    Replies: 3
    Last Post: 02-22-2008, 04:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources