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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116754
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My 18 year old son who attends San Diego State was attending

Customer Question

My 18 year old son who attends San Diego State was attending a party. After an altercation, and as he was walking on the street, he gets attacked from behind and swings to the person who was attacking him. Next thing he knows, he’s awake with a deformed face ( pics available), handcuffs and arrested for assault with a deadly weapon. He had nothing in hand and his move was a sudden reaction.
-The alleged victim who knocked him unconscious is an older and a bigger man (around 27 )who was attending the party and claimed to be an undercover policeman. He’s actually a phycologist in the prison system.
-One of Omar’s friends was arrested for Assault With A deadly weapon ( he was found later to have a concussion) and the other a misdemeanor. None of the instigators who injured Omar were arrested.
-Omar takes medications for seizures he had recently. He was denied medical treatment (that he asked for) several times even in jail even though the trauma was obvious on his face.
-In the holding cell, he asked for his Seizure medications, but he was denied them for 20 hours. His friend who was bailed first offered to go get the medications but he was brushed off.
-The bigger man Trevon told a mutual friend that he hardly remember what happened and he tols the arresting officer he didn’t want to press charges, but was told it was too late
-Court date is set May 2nd. The police report hasn’t reached the DA’s office yet.
The arresting agency was San Diego Police
NOTE: Bail Bonds agency took less than 10% of total infraction fee ($2000) for a $30,000 amount. Did not request application, paperwork or additional information
You may call, text, or email
Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question about this for us?
Customer: replied 1 year ago.
What is the likelihood of this case being dismissed? And is it acceptable to approach the DA with new or clarifying information before court date? Is there a possible Civil Right's violation?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the party who the altercation started with does not want to pursue charges, there is a good chance the charges will be dismissed.
As far as the conduct of the person who knocked him unconscious, whether or not there is a possibility of civil rights violations or other civil violations against him depends on whether or not the witnesses testify your son did nothing when he hit your son. If he was trying to detain your son after the initial altercation and your son swung at him first, this case is going to be difficult as the other person is going to claim they tried to apprehend your son for the initial altercation and hit him only when your son swung first. This is going to require a lot more investigation into the witnesses regarding the whole altercation and more information than even you have to make that determination.
However, first steps first, you need to get your son an attorney locally to work on getting these charges dismissed or having him better yet found not guilty, which could then support his claim against the person who hit him.
Customer: replied 1 year ago.
Thank you for your speedy reply.Would approaching the DA to provide additional information or clarification be appropriate?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.The DA will not speak to a defendant or their parent, you would need to have your son's attorney approach the DA. This is because the DA does not want to violate any 6th Amendment right to counsel or 5th Amendment right against self incrimination and anything your son tells the DA could be used against him. You cannot go in because you are not a licensed attorney so you could not represent your son. It would need to be his attorney.

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