Novato, CA asked in Criminal Law for California

Q: My gf was arrested even though I didn't call the police and told them that I did not want to press charges.

I got into an altercation with my girlfriend and the police were called (not by me). There were no serious injuries or damage, just a bloody nose. When the officer arrived, he asked if I wanted to press charges and I told him no. But because she had been drinking, she could not drive herself home. So the officer told me that her two options would be to call her mother to come pick her up or go to jail. So she called her mother. Originally her mom agreed to pick her up but for some reason decided not to. So of course, the officer arrested her on a domestic violence charge and she has a court date in a month or so. So my question is since I did not call the police, did not press charges, and since she had the option to not go to jail if her mother could've picked her up, is there anything I can do to help her?

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3 Lawyer Answers
William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: This happens frequently in domestic violence cases where the spouse or significant other doesn't call the police and doesn't want to press charges, nevertheless the police make an arrest. The best thing you can do for your girlfriend now is to help find an experienced criminal defense lawyer to represent here.

David Dastrup agrees with this answer

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The DA brings charges, not victims.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

David Dastrup
David Dastrup
Answered
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: Extremely common situation, so much so that prosecutors expect the other person to not want to testify. They still file charges and proceed. You need an attorney to push for trial. However, the police probably took pics of bloody nose and statements. There are several issues here.

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