Sister Charged with Battery - Now What

[Sister1999]

My question involves criminal law for the state of: California

My sister pushed her male roommate and he called and had her arrested. She was held in jail for a few hours and then released on her own recognizance, whatever that means.

She has a court date set for next week (this happened over a month ago)

The guy who called the police is not pressing charges and they are no longer roommates. There were NO injuries.

My questions:

She has a court date, but no lawyer. Will the first court appearance be wasted on assigning her a public defender (she's quite poor)?

If she DOES get a lawyer (that I would have to pay for) and who goes to court with her that day, would it be resolved that day?

If the pushee isn't even pressing charges, why does she have to go to court?

She's got no money. She wants to move back to our home state and live with our family there. We wanted to get her there ASAP, but she's been staying with me until her court date.

We were planning on getting her back to our home state the day after her court date, but the more research I do, the more I realize it might not be resolved in one day????

Please help!!

Thanks.

[cdwjava]

My sister pushed her male roommate and he called and had her arrested. She was held in jail for a few hours and then released on her own recognizance, whatever that means.

That means she was released with a citation to appear in court instead of being held pending bail.

The guy who called the police is not pressing charges and they are no longer roommates. There were NO injuries.

If they were living together as boyfriend/girlfriend, then it's DV (PC 243(e)). If DV then the state might well pursue it anyway. If they were merely roomies, and this was a simple battery arrest (PC 242), then the DA may well drop the matter if the victim doesn't want anything done.

She has a court date, but no lawyer. Will the first court appearance be wasted on assigning her a public defender (she's quite poor)?

The first hearing should be the arraignment. She will make a plea and will then be given the option for assigned counsel, I suspect.

If she DOES get a lawyer (that I would have to pay for) and who goes to court with her that day, would it be resolved that day?

The only way the matter will be resolved at this arraignment will be if the DA decides to drop the matter.

If the pushee isn't even pressing charges, why does she have to go to court?

Because it is the state that pursues charges, not the victim. It is up to the DA.


- Carl

[Sister1999]

Wow, thank you so much for such a quick and informative reply. That was really helpful!

They were not in a relationship - they were just roommates, and had only been so for about a month.

She told me today that she actually wants to plead not guilty. Umm.... ??
If she pushed him (and she has told me that she did), then why would she be able to get away with pleading that?

She did call a lawyer for a free consult and he said she could get 30-60 days in jail so she is beyond terrified of that.

Does she need to enter a plea for the DA to drop the case? Does this kind of thing go to trial very often? I guess I'm asking what the chances are of the DA dropping this... but I realize it could vary widely depending on who the DA is.

If she were to plead guilty, what would happen? What if she plead no contest? (At the arraignment)

I realize you might not be able to answer all of these questions. I do thank you for the information you've already given.

[cdwjava]

Wow, thank you so much for such a quick and informative reply. That was really helpful!

You're welcome ... we try.

They were not in a relationship - they were just roommates, and had only been so for about a month.

What is the code section she was charged with violating? If it is not considered domestic violence, then it should be PC 242 (battery). if that's the case, then the victim can probably talk to the DA and let the DA know they have no interest in pursuing it. That's no guarantee the DA will drop it, but they might.

She told me today that she actually wants to plead not guilty. Umm.... ??
If she pushed him (and she has told me that she did), then why would she be able to get away with pleading that?

Because she has the right to plead "not guilty". Plus, it gives her time to seek an attorney. It's not that she says she did not commit the act, just that she is no ready to admit to the act yet (or ever). You don't get punished for pleading not guilty.

She did call a lawyer for a free consult and he said she could get 30-60 days in jail so she is beyond terrified of that.

Depending on the charge, if this is a first offense, I suspect she would not get any time in custody if found guilty. Fines, fees, and probation are typical.

Does she need to enter a plea for the DA to drop the case? Does this kind of thing go to trial very often?

The DA should drop it before the court asks for a plea if they intend to drop it at arraignment.

These rarely go to trial because they usually are resolved with a plea deal.

I guess I'm asking what the chances are of the DA dropping this... but I realize it could vary widely depending on who the DA is.

Without knowing the details or even the criminal charge, no one can say.

[quote]If she were to plead guilty, what would happen? What if she plead no contest? (At the arraignment)
In both instances she would likely be calendared (scheduled) for a sentencing date.

- Carl

[Sister1999]

Her citation does say PC 242 Battery.

Should we call her former roommate and ask him to call the DA? Can we call the DA to discuss what he plans on doing? I don't really know what's appropriate.

The roommate told us several times that he has no interest in pressing charges.

This is her first offense, and after the evening she spent in jail, I hope she learned enough to keep it that way.

Thanks again. Great site.

[cdwjava]

Her citation does say PC 242 Battery.

Should we call her former roommate and ask him to call the DA? Can we call the DA to discuss what he plans on doing? I don't really know what's appropriate.

It may not be kosher for the suspect to call the victim. if the victim feels he's being pressured to change his story or cancel action he wants to take, then someone could be charged with witness tampering. Her direct contact with the DA would also not be a good idea, and it is likely that the DA will not listen to her until she retains counsel. However, if she gets an attorney, that attorney might be able to make the contact and ask if he plans to drop the matter or go ahead ... and, he can ask what offer might be on the table.

The roommate told us several times that he has no interest in pressing charges.

An uninvolved party might consider suggesting to him that if he wants to put it behind them all that he contact the DA. Whoever does that had best be careful what they say and how they say it lest they be accused of tampering.

This is her first offense, and after the evening she spent in jail, I hope she learned enough to keep it that way.

One can hope.

- Carl

[Sister1999]

I don't want to do anything inappropriate in contacting the victim or DA, so I will just leave that alone.

And will consider getting a lawyer.

I had no idea how any of this worked, so this was very enlightening.