Q: Hi last night my father in law was arrested because his daughter got drunk and attacked her mother (his wife)
My father-in-law stepped in to stop the attack and everyone being drunk the whole situation escalated until basically everyone was fighting. the police were called and my mother-in-law who has a black eye the size of a baseball chose not to press charges against her daughter to just end the situation but the daughter pressed charges against her father out spite just thinking he would just be locked up for the night not know that it was assault charges. he is still at the police station and has yet to be moved to the county jail. She called the station to ask to have the charges dropped but they said it was out of their hands at that point. is there anything we can do to get him out before Christmas. these charges could ruin his life and have him fired from his job all because his drunk daughter decided to beat on her mom and he tried to stop it.
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A:
Whether he gets out or is later charged are two different questions. He should be eligible for release on his own recognizance unless there is something about the alleged offense or his background that is aggravating. Whether or not he later gets charged will depend on the strength of the evidence that the police and district attorney have. Part of that evidence is whether witnesses are willing to cooperate or not. If the police are not willing to drop the case, it will be up to the district attorney to decide whether or not to file charges.
- Law Office of Joseph Abrams, Anaheim, CA
Dan Moseley and Dale S. Gribow agree with this answer
A:
more info is needed.
what court?
i assume it is domestic violence? and $50k bail? if so and they are not releasing people you have to post bail or wait till the arraignment. You can ask for a public defender or hire a private attorney.
the victim is the people of the state of California, not mom or sis. When the victim wants to drop the charges that is always better than that not taking place. However, it is up to the DA to prosecute...not the judge.
maybe talk to the DA filing deputy...if they will talk to you.
A: If your father was arrested today or late yesterday, and is being held in jail, his only avenue for release prior to his arraignment, which is unlikely to take place before next week because of the Holidays, is by posting bail. Bail bond agents typically charge eight to 10 percent of the total bail, payable in installments. Good luck.
John Karas agrees with this answer
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