Let's review how you can get a City Attorney (CA) or a District Attorney (DA) to reject a domestic violence case in Los Angeles, called a "DA reject.".
For those who have been arrested for domestic violence in LA, it's crucial to understand the roles of the City Attorney (CA) and the District Attorney (DA). This knowledge can empower you to navigate the legal process effectively and potentially achieve a rejection of your case.
Typically, what will happen, if the police believe that a felony domestic violence has occurred, they will send the case to the District Attorney's office in Los Angeles, who file felony cases.
If, on the other hand, they believe that a misdemeanor domestic violence has occurred, they will send the case to the City Attorney's office; hence, the CA is in this query because they prosecute misdemeanor cases.
Is the DV Case a Felony?
You will often see the police send the case to the District Attorney's office. The District Attorney can reject the case because they don't think it's serious enough to file as a felony, but they can then refer the case to the City Attorney's office to file the case as a misdemeanor.
If the City Attorney's office rejects the case, then that will be the end because there's nothing lower than them regarding filing misdemeanor cases. So, you would want to get a DA or CA rejected because it will likely not get filed against you if they reject the case.
Guidance From a Defense Lawyer
It's essential to consult and coordinate with your criminal defense attorney. Their expertise and guidance can provide you with the necessary support to navigate the legal process effectively.
In other words, they sit down and meet with law enforcement officers and say, look, we're not filing this case right now because you still need to do everything you're supposed to.
We want you to investigate more, talk to these witnesses, and get this video, whatever the case may be because the prosecutors know what it takes to get a conviction and when their cases are weak. So, I've seen many people go to court on a CA or DA rejection.
They leave and never follow up. The next thing you know, they get arrested three months later because the police were referred to inquire further and follow up, and they came back with new information.
The prosecutors file the case and issue a warrant for the person's arrest. This is why it's crucial to maintain communication and follow up with the authorities even after a rejection.
Negotiation with the Prosecution
So, you want to get that rejection. You would like your attorney to contact the prosecutors and give them mitigation and your side of the story to convince them not to file the case. Mitigation could include evidence of self-defense, character references, or evidence of the victim's history of violence.
Also, you want to ensure that everything is done to defend the case and try to convince them to reject it. This will typically occur when your attorney reaches out to them before they make the filing decision number one.
Number two, you're probably going to have to have no record because if you have a record of domestic violence in your past, that makes it a lot more likely they're going to file this new case. The next thing is there's going to be no injuries.
Victim Injuries
Suppose there are injuries, and they're severe enough. In that case, the prosecutors will file it if they think somebody did something illegal to another person - used too much force against that person.
The only way to get around that would be self-defense or defense of others. If someone is attacking you, and you're defending yourself, and you injure that person, you indeed argue that you acted appropriately. You didn't use unreasonable force, and therefore, you should not be prosecuted for a domestic violence case.
Self-Defense
Also, sometimes, there's a mutual combat situation where both parties fight. One party gets injured, calls the police, and the police arrest the person who injured them.
The person who caused the injury may argue that I was under attack. I was defending myself. This is mutual combat, a legal term for a situation where both parties consent to a fight.
Just because that person lost the fight doesn't mean I did anything criminal. You'd like to talk to your attorney about this so your attorney can make that argument to the prosecutors so you can get that rejection by the City Attorney or the District Attorney's office.
If you need the best if you or a loved one has been arrested for domestic violence, I've been doing this now for over 30 years. I've worked for the District Attorney's office. I've worked for a superior court judge, and since the early 1990s, I've been defending people like you.
For the best legal advice and defense, contact me, Ron Hedding. I have extensive experience and expertise that can give you the reassurance and confidence you need during this challenging time.
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