How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112667
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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: 4 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 years ago.
Is there a specific question I could assist you with?
Customer: replied 4 years ago.
I don't understand
Expert:  Dwayne B. replied 4 years 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 4 years ago.
I want anwser from expert
Expert:  Dwayne B. replied 4 years ago.
I am an expert but I can't answer until you ask a question. What is your question?
Customer: replied 4 years 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 4 years 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.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”