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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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The offense happened in the state of California. It was a

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The offense happened in the state of California. It was a cp242 battery. Three people were involved. None were booked at scene. None had prior fingerprinting or booking checked on their citations. Only one was sent a letter to be booked prior to court date. Why would this happen?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nate replied 11 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Who were the three involved? As in, do they know each other?

Also, what happened during the fight?

Let me know the above and I will get right back with you.

Nate
Customer: replied 11 months ago.

Yes they were friends who were upset with a man who was harassing an underage girl with no father or brother to stick up for her. Two gave statements at the scene (which was a police assisted citizen arrest) and the one who received the notice for prior booking pled the 5th amendment. The man was not injured during the battery although he was punched twice and pushed to the ground.

Expert:  Nate replied 11 months ago.
Here's the reason why - the two who cooperated were left alone and the one who did not cooperate was issued the citation. The issue of whether or not to charge someone is up to police discretion. As unfair as it may seem at this point it is certainly legal.

The fact that there were two other people involved who were not charged is something this person's attorney needs to bring up when dealing with the district attorney. His attorney also needs to find out exactly what the officers state the other two said. All that will become relevant at the first court date after the booking date.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

Customer: replied 11 months ago.

The other two people involved were issued citations at the scene. They were supposed to appear in court the same day. Do you think that they will no longer need to appear? Should they call the D.A. office and find out?

Expert:  Nate replied 11 months ago.
I'm sorry. I gathered from your question they weren't charged.

Yes, they need to go to court. You always needs to go to court when charged with a crime.

There's no good explanation either way. The criminal system is a not a perfect creature. It could be nothing more than a clerk mistake (he still needs to go) or a computer glitch in the issuing system. There's nothing either good or bad about having to go before or going on the court date on the citation.

I would suggest the person who got the notice in the mail contact the clerk's office and explain what happened and inquire about it. If it was a mistake they can likely fix it right there.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

Customer: replied 11 months ago.

One more question. The one with the prior booking did go for the procedure and asked that question. He was told that it would be taken up in court. I am his mother and don't have much money but do you think I should retain a lawyer?

Expert:  Nate replied 11 months ago.
It appears he would qualify and the court will appoint him an attorney. If you can afford one that would great, but he'll still have representation.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10542
Experience: Over 10 years of criminal defense practice.
Nate and 10 other Criminal Law Specialists are ready to help you

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