Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Question State Files Charges when I Do Not Want to Against My Girlfriend for Assaulting Me

    My question involves criminal law for the state of: california ...I was assulted with a deadly weapon by my girlfriend after valentines day and the sherrifs came asked questions etc and the neighbors gave statements also as to what happened.My being the victim I do not want charges pressed but the state says its out of my hands! I also know my girlfriend was taking anti- depressants irregularly and that was the primary cause of her actions never the less i have been supoenaed 3 days before the preliminary exam and my duaghter as well, who is 15.Was i served within legal time prior to court and is my daughter obligated to attened?
    I also wondered how I should respond in court to best help my gf can i say I do not remember or should I bring up the meds?
    Further more the date on the nitice is dated feb 25th and I was served yesterday evening is that o.k.?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: State Files Charges when I Do Not Want to Against My Girlfriend Assulting Me

    You need to attend, and tell the truth about what happened.

    That's really the long and short of it. If your daughter was present during the assault, and has also been subpoenaed, she'll also have to do the same thing.

    You are doing your girlfriend no favors at all if you lie on the stand.

  3. #3
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: State Files Charges when I Do Not Want to Against My Girlfriend Assulting Me

    Please also take a moment to consider the message you're sending to your daughter in this situation.

  4. #4

    Default Re: State Files Charges when I Do Not Want to Against My Girlfriend for Assaulting Me

    Once police are aware that a crime has occurred, they are obligated to respond appropriately. Many people mistakenly assume that if they don't want to "press charges", that the whole thing goes away. The legal reality is that victims, from a legal sense, are witnesses. The STATE is the one who brings criminal charges. If we relied on victims to bring charges, no murderer would ever be caught (dead victims suck at things like filing police reports, taking the stand, etc.). Because crimes are considered to be committed against ALL members of society, the state takes the responsibility to press charges when crimes are discovered on behalf of ALL of us, above and beyond the wishes of the victim. For some crimes, a victim willing to be a helpful witness can be the difference in charges coming or not, but in cases where there is evidence of the crime, and particularly if there are witnesses other than the victim, the state can and will pursue the matter with or without the victim's cooperation.

    I also know my girlfriend was taking anti- depressants irregularly and that was the primary cause of her actions
    Unless you are a psychiatrist with an MD degree hanging on the wall, that's only an opinion - perhaps a well founded one, but only an opinion. And, when people choose to take their meds irregularly...that's a choice...and the results of that choice are still prosecuteable.

    I also wondered how I should respond in court to best help my gf can i say I do not remember or should I bring up the meds?
    The best way to help her is to (a) not lie - you'll be useless to her (or your daughter) if you are behind bars on a perjury charge of your own, and (b) to find her a good criminal defense attorney who practices in the county where she'll be tried. It isn't going to help her that she wasn't taking her meds, and since she has now had a violent episode where that might have been a factor, asking the court to defer her sentence to counseling or some other program is less likely than it otherwise might have been. She needs to discuss that part of the issue with her attorney who will be able to devise other possible requests for deferral based on what resources might be available in your community.

    Since this violence occurred in the presence of a minor, it's also reasonable to anticipate that a no contact order may be issued in conjunction with any other sentence given. If that happens, violation of that order, no matter how much you both may want it, could result in your daughter being removed from the home under "failure to protect". IF such an order comes, make sure you understand it well, and do NOT violate it, lest things go from bad to worse.

  5. #5
    Join Date
    Mar 2010
    Posts
    2

    Default Re: State Files Charges when I Do Not Want to Against My Girlfriend for Assaulting Me

    I thank you all for the advise ..There is one more twist in this messed up situation,yes there is a tro in place and i just found out she is pregnant too!
    I tell you when the s@#% flies it really flies!
    So I shouldn't bring up the meds at all and about my daughter a minor getting served...She did not actualy get served hers came underneath minewhen I got served.She is staying with her mother for a while,does she need to be served in person like I did? and what about the 15 or 10 days before the court date?
    also are there any criminal attorneys I could speak to who may be interested in bartereing or helping for minimal fees in So-cal specificaly San Diego area?
    thnx again for all your insight.

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Ex-Girlfriend Files for Order of Protection, Gets Ex-Boyfriend Expelled from School
    By wallstreetgardener in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 03-09-2011, 10:50 PM
  2. Assault & Battery: Assault Charges Without Assaulting
    By bkeefer3233 in forum Criminal Charges
    Replies: 4
    Last Post: 09-15-2010, 10:14 AM
  3. Domestic Violence: Simple Assault/ Domestic Violence State Charges, Girlfriend Did Not
    By CharlieKelly in forum Criminal Charges
    Replies: 8
    Last Post: 04-07-2009, 10:47 PM
  4. Assault & Battery: Charges For Assaulting Somebody In My Own House
    By diamond7126 in forum Criminal Charges
    Replies: 1
    Last Post: 07-02-2007, 09:14 AM
  5. Assault & Battery: Liability for Assaulting the New Boyfriend of a Cheating Girlfriend
    By JPaskrol in forum Criminal Charges
    Replies: 2
    Last Post: 02-23-2006, 08:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources