Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you
On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick". I let him come back to the property.) He lives in an RV 300 ft. away. He's paranoid, trust issues, a little mental at times cuz of a girl, street drugs & hes lost all that mattered to him & sees no way back.)
After i heard yelling & banging from inside his RV (while in the throes of a rant of despair & anger, I learned 1 week LATER) I asked him, from OUTSIDE the RV if he was ok. He was banging on something INSIDE RV when I heard "I'm gonna bash your F'N head in till you die, & I'm [he] better off dead." I thought he said it to me. I call the cops for fear of my life at that moment. *We weren't in each other's immediate presence, not face to face. I told DA I want to dismiss this case cuz of circumstances.
A:
More info needed. You should discuss this with your son's lawyer. He either hired a private lawyer or a PD was appointed. That lawyer will have ALL the info in front of him/her.
it is not up to you to dismiss.
the Victim is the People of the State of California.
after an arrest like this, quite often the complaining party (usually the wife/loved one or family member) wants to dismiss the charges. This is often because the Defendant is the bread winner for the family and they are willing to take the chance that it will not happen again.
the police and courts are in a tough position. If they dismiss and the defendant is violent again with someone that person's next of kid will hire a lawyer and the lawyer may argue that the police/court were negligent in letting the Deft go and if they had prosecuted and sentenced him may the new incident would not have happened. The city often has to pay on those claims.
A:
You need to hire an experienced criminal defense attorney to represent him. Once the call was made and the police arrived, it was out of your hands. It is sad that there are no longer mental health facilities to help people like your son and the jails are certainly not the right place.
That being said, you can talk to his lawyer (if it is the PD, not sure if they will talk to you) but the prosecutor is not going to take this lightly as they are afraid he may carry out his threats and hurt or kill you.
There are mental health diversions for certain crimes, but this one is excluded. If he is unable to assist in his defense due to a mental problem, he can be sent to Department 95 for a Mental Health evaluation..
Sorry but that is the state of the law these days.
Good luck!
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