Domestic violence cases are filed in Los Angeles on a regular basis. They are one of the most commonly charged crimes in the State of California and Los Angeles in specific, with such a dense population.
After the domestic violence case is filed, a lot of times the significant other who is characterized as the victim doesn't want their loved one prosecuted and so they're trying to figure out ways that they can actually help their loved one.
The problem with this is that the authorities are not really now going to look at someone who has remorse or who feels bad that their significant other got in trouble.
They're going to look at the strength of the case against that person and whether or not that person violated the law and committed some sort of a domestic violence spousal abuse battery.
Lack of Injuries and Determining Fault
However, if it's a closed case, for example, if there are no injuries and there are arguments on both sides as to whose fault it was, and the police just had to arrest somebody and characterize them as the aggressor, I've had a lot of success in convincing the prosecutors to do a City Attorney Hearing in that scenario.
If they do a City Attorney Hearing related to a domestic violence case, it's my experience in Los Angeles that most of the time they will not end up filing a case. Basically, what a City Attorney Hearing is, is the City Attorney's office has a Hearing Department in each of its jurisdictions that basically has Hearing Officers who are making decisions as to whether to file a particular case or not.
If they're doing a City Attorney Hearing, they usually have an eye to resolving the matter, warning the people in a domestic violence situation – maybe even giving the spouse who caused the issue some sort of domestic violence counseling – maybe giving some sort of marriage counseling, for example, if it's a married couple, and really trying to figure out what can be done so that these people do not call the police again, do not have any further issues. So, a City Attorney Hearing in the context of a criminal arrest related to spousal abuse or domestic violence is actually a good thing.
Can I Have An Attorney In A City Attorney Hearing For Domestic Violence?
Absolutely, you can have an attorney, and in fact, it's encouraged because the attorney is going to help lead you through the process, make it easier for you and make sure you don't do or say anything that causes the City Attorney Hearing Officer to file your domestic violence case. Typically, what they're doing in a City Attorney Hearing is they're calling you in with your attorney.
They're going to ask you questions about what happened and they're going to take a statement from you and then they're going to start talking to you about some solutions so this doesn't happen again, and obviously, you're going to want to cooperate in that process and make sure you make it clear to them that you don't want this to happen again. If you did something wrong, you acknowledge what you did, and you explain to them why it's not going to happen again.
Again, you need to do this though through the advice of your attorney and of course, your attorney is right there to say whatever needs to be said and assist you through the process. Of course, the end role is that no charges are filed against you and basically, you're just given a warning, so you can move on with your life, free from the criminal process, free from the criminal conviction, jail time, domestic violence courses and all the other things that come along with a conviction of spousal abuse or domestic violence. Your significant other will also be called in to see what they have to say. Obviously, it's helpful at that point if they say listen, I don't want them prosecuted. I played my part in this. We were both wrong and this is never going to happen again.
No Formal Charges Filed
With their blessing and their assistance under the scenario of a City Attorney Hearing in Los Angeles, now there's a great shot that no case will be filed, there will be warnings issued. Maybe somebody will have to do or take a domestic violence course and then you can move on with your life in a positive direction free from the court and free from any entanglements related to the criminal justice system.
So, having done this for twenty-five years, having done City Attorney Hearing across Los Angeles, I can tell you in the context of a criminal arrest, a City Attorney Hearing is a good thing. It's something to shoot for because if it's handled the right way, most of the time no charges will be filed, and a person can remain free of custody. Their reputation is not tarnished with a criminal conviction and they can move on with their life in a positive direction.
For more information on City Attorney Hearings In Los Angeles, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.