Notice To Appear CPC 242 Battery

[Her Mom]

My question involves criminal law for the state of: California

My now 19 year-old daughter, privately educated and repeatedly hospitalized & medicated & tri-weekly outpatient attended by mental health professionals for "seratonin reuptake inhibitors" and so forth, yet, never employed, enrolled in full time cosmetology school with her AA already attained, had an "episode" while in the passenger front seat with me driving her 11 yr. old sibling and father from his birthday lunch at Elephant Bar.
This episode "escalated" while I was stopped at a red traffic light.
First, she yelled to her silently enduring & mortified father, "When you die, I will dance on your grave!" Getting no response beyond my, calm, "___, don't say that." She repeated, and so did I. Then, a third time.
Secondly, she immediately yelled to her father in the back seat, "When you die I will urinate on your grave!" To this I responded, "___, don't say things like that; it isn't nice."
This, too, repeated three times while stopped at the red light.
Thirdly, she immediately yelled to her father in the back seat, "When you die, I will pay a bum to jackoff on your grave!"
The light was still red. This happened SO QUICKLY!
All of a sudden, I put both hands off the steering wheel and clasped the sides of my head between the cheeks & ears areas while making what I can only describe as "natural childbirth noises" ~ I've never made those noises except in that situation... I did this about 6 - 12 times, then, remembered where I was ~ Can you believe it? THE LIGHT WAS STILL RED! __SO FAST!__
I oput my hands back on the steering wheel while glancing at the light and realized I had tears on the front of my cheeks. I wiped them away but was sobbing...
I took my right hand from the wheel and turned to her, saying, "___, I do not EVER want to hear those ugly words from your mouth EVER again!"
IMMEDIATELY & SIMULTANEOUSLY, I put my hand back on the wheel and glanced at the STILL RED LIGHT as she started saying more of the same - but, I do not recall those barely begun words... INSTANTLY, I flung my right arm in her direction.
The TIPS of the short nails SCANTLY BRUSHED the excess folds of thick cloth on her new hoodie sweat as I said, "Stop right now!", put my hand back, (NOW the light went to green!)...
I was in first position at the light and was mid-intersection when she was already speaking with 911 dispatch on the cell phone we provide her...
Yes, my daughter called 911 on me!
Her father _FIVE TIMES_ said for me to pull over, so he could put her out of the car.
FIVE TIMES I merely held up the index finger of my right hand to him in the international "one moment please" signal as she related to dispatch what street we were passing and how she was in fear for her life and I was hysterical and so forth (none true ~ I sucked it up and drove without delay when the light changed and was SILENT the whole drive... TO THE POLICE STATION! :-)
YES! __I__ drove us to the police station, MUCH to the surprise of HER & DISPATCH!
Once there, the TWO responding patrol units arrived while I was inside, seeking assistance with the whole debacle...
Our other child came in to tell me they were on-scene, so, I excused myself and went out to speak with them.
FOR __THREE HOURS__ we all stood in the parking lot, waiting for her to NOT make a "citizen's arrest" in response to the officer's MANY efforts ~ INCLUDING: (1) of them going inside to consult Watch Commander as to ANY "loop hole" for NOT needing to take her citizen's arrest...
EVENTUALLY, and with MUCH APOLOGY, I was read my rights and handed Notice To Appear for PC 242 Battery.
The officers strongly suggested I just leave her there, in downtown, on foot and penniless, instead, I rented a hotel room for her, for the night, and she's been here this past month, attending school, going out, eating out with us, asking for things, taking private driving lessons, "like nothing". But ME? I am a nervous wreck about this 6 months in jail & $2,000.00 fine!
I have been an employee of the Probation Department for YEARS, assigning offenders to Anger Mgmt...
I am a State Certified Victim's Advocate, serving 12-hour weekend shifts for Sexual Assault & DV survivors at local SART Rooms between manning the 24-hour hotline...
This is _SO_ not part of my life ~ I've had ONE (dismissed when I showed my proof of insurance I'd failed to find at the time) ticket and ZERO ARRESTS...
The MORTIFICATION is DAUNTING!
WHAT SHOULD I DO?
I would like this "gone" ...
Thank you in advance for any assistance you may be able to provide as I go through this trying time ~
Oh! And, as of last Monday, she has FINALLY agreed to resume seeing a $160.00/hr world-renowned specialist for her behavorial issues ~ her second appointment is this Monday...
Would it help if the judge knew this was just a "young adult with mental health issues currently in treatment, initiated 5 years ago but stopped against parental wishes when she turned 18 and went off her meds/off her MWF outpatient visits?
Thank you.
If you need further details, or ? I will be forthcoming and prompt in my replies :-)

[cdwjava]

EVENTUALLY, and with MUCH APOLOGY, I was read my rights and handed Notice To Appear for PC 242 Battery.

Because state law makes it a crime for the officers NOT to accept a private person's arrest when there is probable cause to do so.

I doubt much will come of it, but you should consult with legal counsel anyway.

Would it help if the judge knew this was just a "young adult with mental health issues currently in treatment, initiated 5 years ago but stopped against parental wishes when she turned 18 and went off her meds/off her MWF outpatient visits?

It might help. But, only your attorney can make that call for sure.

- Carl

[Her Mom]

Carl,

Thank you for your prompt response, Carl.
So, you think I need to do more than just show up at the courthouse with Notice To Appear in-hand?
A look at CPC showed the maximum fine to be $2,000.00 and jail term to be 6 months.
However, a look at the felony & misdemeanor bails for San Bernardino Superior Court to list indicate $3,000.00 bail for PC 242 Battery.
Arriving with $6,000.00 cash, ready to pay for whatever amount is ordered for my fine, and, hoping the jail is reserved for "real criminals", are my plans.
I have cancer and other health issues demanding for some years now that I be on 4 liters of oxygen 24/7, so, I will arrive in court trailing my cylinder, with a canula in my nose, completely doubtful I'll be sent to jail.
IMMEDIATELY, (a month ago), I sent queries to every criminal attorney with a web presence from San Diego to Santa Barbara (Some QUITE impressive, I must say! :-), but I've received ZERO responses from ANY of them; no legal counselor expressed interest in so much as responding to me. I completed their online forms similarly to my e-mail here, this morning, but in much less detail. (They have a character per post limitation established.)
Over this month of reading so many sites online, looking for techniques for succes toward contesting this, (and coming up empty!), I've noticed writers commenting on "going to the courthouse before the final date on the NTA only to be told by the Clerk of the Court the paperwork has yet to arrive, then, being asked to return yet again". As you may imagine, outings are an ordeal for me. Would you know if this "appear on or by <date>" results in repeat visits to the courthouse to move things along in the process?
Frankly, rather than wait for "my day in court" to arrive, I'd rather just go on down to the courthouse and have this DONE and OVER WITH... one way, or another.
OH! One point I failed to mention earlier:
Are the Anger Management Classes MANDATORY? Where can I find out? I know the JUVENILLE COURTS here make them mandatory & that we now send ALL participants in post 9/11 incidences of what we now term, "mutual combat" to the classes. Would my two County positions cancel the need for that (Probation, with first-time offenders & sexual assault services, with SART Room responses & hotline call attending)? It seems VASTLY more "preparatory" than the usual defendant's life experience/s...
Should I arrive in court with ALL my badges (FBI cleared & active-status)? Or, would that seem as though I'm seeking "special treatment" (I am NOT; I would like the court to know me as well as possible).
OH!
Also, must she appear, since she insisted the citizen's arrest be made against me? If so, how will she know WHEN to appear since I will be at court while she is on campus?
Finally, should I expect anything in the mail? The officers kept saying they "DOUBT the D.A. will _pick up_ the charges"... Will I be notified one way, or another? I've received NOTHING, so far... Will SHE receive anything from anyone on this? She's received NOTHING, so far...
One thing of possible interest she mentioned regarding this: She said the officers told her (while trying so admirably to get her to calm down and reconsider her actions), IF she were to proceed, then retract, she'd be facing jail and similarly sized fines as me right now for "false charges", AND SO, she would MOST ASSUREDLY _NOT_ be retracting in order to avoid those consequences.
That's all I can think of...

Thank you, again, for replying to my post ~

[cdwjava]

So, you think I need to do more than just show up at the courthouse with Notice To Appear in-hand?

It might be best to consult legal counsel ahead of time. While it might not be necessary prior to the arraignment, it certainly could not hurt.

Arriving with $6,000.00 cash, ready to pay for whatever amount is ordered for my fine, and, hoping the jail is reserved for "real criminals", are my plans.

I suspect that they will either release you on your own recognizance or on minimal bail. There is also the possibility that the DA will not pursue the charges.

Are the Anger Management Classes MANDATORY? Where can I find out?

I do not believe they are, but it might not be worthwhile taking a class that you do not have to. And even if you do take one, if it is one that your county does not approve of, it would be a wasted effort.

I doubt your county positions would save you from any MANDATORY counseling should you be convicted. Generally, the courts have discretion, so I doubt that anything is required in this regard.

Should I arrive in court with ALL my badges (FBI cleared & active-status)? Or, would that seem as though I'm seeking "special treatment" (I am NOT; I would like the court to know me as well as possible).

Your ID badges are not going to be relevant. Plus, if you are taken in to custody for some unknown reason, they may be seized and returned to the respective offices. This could cause some problems for you.

Also, must she appear, since she insisted the citizen's arrest be made against me? If so, how will she know WHEN to appear since I will be at court while she is on campus?

She does not have to appear at the arraignment. She may be required to appear at the preliminary hearing (if it gets that far) and almost certainly at the trial ... if any.

Finally, should I expect anything in the mail? The officers kept saying they "DOUBT the D.A. will _pick up_ the charges"... Will I be notified one way, or another? I've received NOTHING, so far... Will SHE receive anything from anyone on this? She's received NOTHING, so far...

Unless you receive notice IN WRITING of a change in your state or appearance, you had best appear at the date and time on the citation.


- Carl

[Her Mom]

Carl,

Thank you, Carl. I don't have any exact date to appear; there's only a date to appear BY (2/5/09).
I am thinking of just going down to the courthouse and getting it over with; this waiting is getting to me!
Would you happen to know if calling to DA would reveal their decision to "press charges", or not? I have a contact there, from my State Dept of Emergency Services training toward certification for the SBSAS position, but feel using it would be inappropriate; if anything, I think I should just call a "regular number for the public", like anyone else. But, would that even reveal their decision toward going forward or dropping the charge?
OH! I know what I _REALLY_ want to learn:
At what point may I ask that my daughter's citizen's arrest against me for PC 242 Battery be expunged/erased/"disappeared" ~ I understand the whole DoJ practice of "NOTHING _EVER_ is deleted" ~ At Probation we send our successful participants away with instructions on how to have their records SEALED, provided they avoid offending until 18... It SEALS the record, so they MAY respond "no priors", BUT it does NOT AT ALL (or in ANY WAY) "clear" their file with DoJ ~
That said, I would VERY MUCH like to achieve having this arrest being made to NOT appear on the online access records searches ANYONE can do, for free, 24/7 through County Portal... Any thoughts on how to accomplish that goal, Carl?
(Up on-call until 6A, so, I'll see anything you happen to reply tonight in just about "real time" :-) BETWEEN CALLS, that is :-) So far, it's a SLoooooooooow night :-)

[cdwjava]

Would you happen to know if calling to DA would reveal their decision to "press charges", or not?

You can ask, but they might not tell you. Some DA's won't talk to defendants unless it is through their attorney.

At what point may I ask that my daughter's citizen's arrest against me for PC 242 Battery be expunged/erased/"disappeared"

Sorry, but it would never disappear. If you are not charged, you may seek a court order to destroy the arrest record, but not if you are convicted.

Here is how to get a record expunged:

http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

That said, I would VERY MUCH like to achieve having this arrest being made to NOT appear on the online access records searches ANYONE can do, for free, 24/7 through County Portal... Any thoughts on how to accomplish that goal, Carl?

How easy they allow access is a county decision. However, all court records ARE public records and a records search of those records at the courthouse in whatever medium they allow will turn it up. Public records firms that collect these documents for backgrounds will hold them for up to 7 years and these can be harder to get rid of as any order to expunge or destroy such records would have to be served on a host of companies that might have collected these records. And, of course, a search of newspaper archives can always be done.


- Carl

[Her Mom]

Thank you, again, Carl :-)

I think I'm all queried out on this end.

Should I post the outcome of my court visit on this NTA on or before 2/5/09?

[cdwjava]

Yes, please. We like to know the results of cases when we can.

Good luck.

- Carl

[Her Mom]

Well, it's almost 7:30 and I'm soon off to Courthouse...
I'm arriving with $6,000.00 cash, (The max. $5,000.00 bail / the max. $2,000.00 fine & any "costs" ~ I think there's administrative fees associated, regardless & for everyone...)
I haven't been able to get a response from the D.A., or County Courthouse as to if "the D.A. picked up the case", as in the officers on-scene saying, "I doubt the D.A. will pick up the case"...
Heck! I can't even find the HOURS OF OPERATION for the courthouse! :-)
She up & left home, AGAIN, over a week ago... Hasn't been attending the school we're out $20,000.00+ for ... Stopped going to the AAA Driving School (That was way over $500.00...) and so it goes... We have NO WAY of knowing WHERE she is, or with whom, doing WHAT...
It's MADDENING ~ all this WORRY!
SO!
The way I see it, I'll go stand in a very long line with the Court Clerk, then, appear in court, then, either it'll all go away, or, I will plead not guilty and receive a court date...
That's about it...
I'll fill you in with what traspired upon my return...
Dum-de-dum-dum-dum... :-)

[cdwjava]

You'll find out at the arraignment if it is going forward.

Personally, if you allow to remain with you, you are just asking for more grief. I'd suggest that if she's gone now, you take steps to see that she stays gone. Pack her stuff up and leave it in a place outside where she can access it, and change the locks.

- Carl