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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88748
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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MY GIRLFRIEND HAD COME TO WHERE I AND TWO OTHER GIRLS WERE

Customer Question

MY GIRLFRIEND HAD COME TO WHERE I AND TWO OTHER GIRLS WERE GOING I ARIVED SHE WAS PARKED ON THE STREET AS WE WENT INTO THE PARKING LOT WE PARKED AND SAT FOR A FEW MINUTES I GOT OUT WALKED TOHER CAR SAID I WILL BE HOME IN A WHILE AND WALKED BACK TO THE CAR WITCH WAS ABOUT 10-12 YARDS DIST FROM HER TO ME SHE SIGINAL LIKE A WAVE I DID NOT RE SPOND MY SWEATER WAS DROPED ON GROUND THE TWO HOODED GUYS WALKED TWARDS THE CAR
SHE WAITED THEN DROVE IN A J AROUND THE TWO PEOPLE IN THE DRIVE WAY HEADED IN SPACE NEXT TO ME SOME HOW CAR HIT ME AND THEN IN TO THE BUILDING WINDOW SHE REVERSED AND PULLED OUT THE DRIVE WAY AND LEFT NO ONE WAS HURT THE THE BUILDING WAS CLOSED THE POLICE WERE CALLED SHE CALLED ME AND SAID SHE HAD A INSHURANCE SAID SHE WAS SORRY ASKED WHERE WAS THE OWNER SHE CALLED NO ONE SAID ANYTHING SHE CALLED ME BACK AND SAID TELL HIM SHE WOULD TAKE CARE OF THE DAMMAGE NEXT POLICE ARESTED HER
FOR AWSALT WTIH DEADLEAY WEPPON ODVIOUSLY THIS WAS A ACCIDENT THE COURTS ARE NOT TREATING IT LIKE ONE
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Is there a specific question I could assist you with?
Customer: replied 1 year ago.
I don't understand
Expert:  Dwayne B. replied 1 year ago.
I read your facts but you didn't ask a question. JustAnswer provides information, we don't actually represent anyone on here.

Were you wanting to get information or ask a question or were you trying to hire a lawyer?
Customer: replied 1 year ago.
I want anwser from expert
Expert:  Dwayne B. replied 1 year ago.
I am an expert but I can't answer until you ask a question. What is your question?
Customer: replied 1 year ago.
Why.are. the california corts makeing a big orde_al out?ol
Th_eir p__rotective order. on me the twogirls
and raised her bail 75,000. I know. it was a acident_
J
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to hear you are going through this, but the reason the police and the DA are treating this as an assault is because of her total actions. The fact that she hit you, hit the building and then fled they are using as evidence of intent to assault you and to make this a domestic violence incident, which is why there is a protective order in place. Because it is a domestic violence charge, you are not the victim, the State is the victim. This means that you cannot simply dismiss charges or refuse to prosecute. You can ask the DA not to prosecute and you can give them an affidavit of non-prosecution, which is an affidavit you sign under penalty of perjury attesting to the fact this was an accident and not intentional and that you are not willing to cooperate in prosecution of the case, but the ultimate determination is up to the DA and they can prosecute the case without your cooperation based on the evidence from the night of the incident.

You can also work with her attorney and seek to testify to the court that this was not intentional and was an accident, in which case if the court finds your testimony credible in the light of all the other evidence, they will dismiss the charges or find her not guilty and will dismiss the protective order.

I am afraid though, that because this is a domestic violence case, the matter is much more complex than an ordinary assault case where typically the victim can refuse to prosecute and the case will be dismissed.


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