San Jose, CA asked in Criminal Law and Juvenile Law for California

Q: Can multiple eyewitness can help us? What is our situation here?

My son, his girlfriend, my husband, and I were arrested for harassment and disorderly conduct at a quick serve restaurant.

My son and his girlfriend are 11. They were just kissing and hugging, then a lady went off on us, we gotten into an argument, and she called the cops on us that got us arrested.

However, both customers and restaurant employees tried to tell the cops we did nothing wrong and the charges should be on the lady. The cops didn't even talk or listen to them except they threatened all of them of obstruction if they continued to protest.

Cops took her statement that we made the customers and staff "uncomfortable" and cops used that against us w/o asking any of them how they felt.

Our private investigator said many of the eyewitnesses are willing to testify that we did nothing wrong and the charges should be on the lady, one of them is a criminal court judge from out of town. She has no eyewitnesses that would back her up.

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: PROSPECTIVE CLIENTS WOULDN’T CALL A DOCTOR FOR A DIAGNOSIS VIA THE PHONE/EMAIL YET THEY DON’T REALIZE THEY ARE DOING THE SAME THING WHEN THEY CALL/EMAIL A LAWYER TO ANSWER TO A LEGAL QUESTION.

IN MOST INSTANCES A LAWYER SHOULD NOT ANSWER A QUESTION WITHOUT GETTING ALL THE INFORMATION. I USUALLY TELL PROSPECTIVE CLIENTS TO WRITE OUT A DETAILED SUMMARY BEFORE THEY SEE A LAWYER SO THAT THEY DO NOT FORGET ANYTHING AND SINCE LAWYERS CHARGE FOR TIME IT WOULD TAKE THE ATTORNEY MINUTES TO READ A SUMMARY RATHER THAN HAVING TO PLAY SECRETARY AND WRITING EVERYTHING DOWN FOR AN HOUR.

IF A LAWYER DOES NOT HAVE ALL THE INFO THAT LAWYER CAN NOT GIVE AN ACCURATE ANSWER. JUNK IN, JUNK OUT.

HOWEVER, WITH THE LIMITED INFO I HAVE I WOULD SUGGEST YOUR LAWYER GET STATEMENTS FROM ALL THE WITS AND TO CONTACT THE FILING DEPUTY DA BEFORE THE CASE IS FILED TO EXPLAIN THE TRUE FACTS AND WHY THE CASE SHOULD NOT BE FILED.

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