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socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 37871
Experience:  Retired (mostly)
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On nov 05,2015, I was sitting in a Riverside courtroom. I was

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on nov 05,2015, I was sitting in a Riverside courtroom. I was there to follow,a case, because the defendant, a white lady, had been receiving, some very favorable decisions. It seemed like the probation department, and the district attorneys office were refusing to prosecute her. she had numerous violations, mainly for failure to show up, for work release, probation meetings with her po, she has also missed court appearances. as of today, she has received no disaplinary actions, for her violations. this woman does not want me, to0 attend her hearings. while I was sitting in court, she got out, of her seat, and walked, in front of my seat. As she was passing, in front of me, she faked, like I had grabbed her, and asked for the deputies attention. the deputies took her, to a room down stairs. she lied to the deputies, telling them that, I pinched her on her buttocks deliberately. this was a blatant lie, and I am sure that court videos will show, tghat I never touched her. On 12/08/2016 she had another hearing, she told the deputies, to keep me out of this hearing, and the deputies asked me to leave, or I would be arrested. I forgot to mention, that on 11/05/2015 she had the deputies, make a citizen arrest, on me, when I should have been cited and released. Today 04/21/2016, in a different court room she had the deputies, prevent me from entering her hearing. They threatened me with arrest, if I tried to enter the court room. The reason, I am following this case, is because the Black and Brown community is becomi9ng infuriated at this circus being performed, in court. Because blacks and browns are treated very harsh and stern when they are being sentenced in riverside courts. My question is, what recourse do I have, to being unjustly arrested. also for being forcibly denied to enter a court room, and listen to litigation by sheriff deputies. Also, its been almost 6 months, since I was arrested in court, and being charged with SEXUAL BATTERY. However, there have been no charges filed against me, the da's office has basically taken no action, to litigate this case, and I don't think they will. Because I never touched that woman, and court videos should clearly point that out. For reference the case# ***** ***** thank you George....
Submitted: 6 months ago.
Category: Criminal Law
Expert:  socrateaser replied 6 months ago.
Hello, Cal. Civil Code 47(b) provides absolute immunity to any person who makes a report to law enforcement. Consequently, the "victim's" alleged claims of sexual battery cannot be sued upon -- with one exception: A person who falsely reports a crime without probable cause (at least a 50% chance that the crime was committed) may be sued for "malicious prosecution." See, Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 ("Cases dealing with actions for malicious prosecution against private persons require that the defendant has at least sought out the police or prosecutorial authorities and falsely reported facts to them indicating that plaintiff has committed a crime.") Assuming that you can get the district attorney to state that no prosecution will be made because no probable cause exists to support the charges, then you have a malicious prosecution lawsuit against the person who allegedly claimed you committed the assault. Note, however, that you have no legal action against the government, because it would have determined no probable cause existed, which operates to defeat the first element of a malicious prosecution action. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 6 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!