My son has been charged with 242 battery (unlawful touching) in Monterey County, California. He stopped his girlfriend from driving drunk by taking her car keys, she hit him several times with a closed fist before he pushed her off him. Police were called, he is arrested. Original charges were felony assult with weapon, this was dropped down to battery because on the police report girlfriend admits to hitting my son. Police ignore lump on my son's forehead, only concern is female hit head on wall from push. Protective order was issued, which was ignored by girlfriend, she made constant attempts to see him and speak with him. My son then moved to Oregon to seek employment. DA is not happy he moved out of Monterey county, they failed to order him not to leave. When my son decided to fight charges the District Attorney piles more charges, violating a protective order. Options are to take plea bargain or they will add charges. Six months later charges are down to a 242 battery and dropping the violation of protective order, plea is proposed - 1 year in-formal probation, 1 year anger classes, 240 hours community service. My son attempts to accept plea through his attorney, but wants to join the air force now... My son has a FAA mechanic degree and licence, since 9/11 he was laid off and is now working odd construction jobs, and prior to this incident he had no criminal record. He is now unable to get a job in his field, so he wants to join the air force to use his skill. He tells his attorney this, his attorney tells the DA. The DA changes the plea to 3 years probation, 1 year formal, says she does not want him to join the air force and she will stop him with formal probation. Yesterday a bench warrant was issued in California and bail revoked. My son is in Oregon. Is there any hope?

-- Anonymous, February 09, 2002

Answers

I strongly believe that the only hope that a male has in these matters is to never give into plea bargaining black tmale. If he is inocent then never accept anything less than a trial to prove it. If he can't aford a lawyer for a trial, then he should defend himself. It will all come down to a fair, recepive judge. Unfortunately, you never know what kind of judge you will get. It's worth the risk, I believe. If you are not guilty of a crime, never say you were just to get a deal. My story is John #1 at the SAFE home page. Stand your ground and never give in or give up. Good luck Ron

-- Anonymous, February 15, 2002

I strongly agree with Ron, he must defend his innocence. Except for one thing, if he does not have the money to afford an atoorney talk to a court appointed attorney. They are real lawyers, and most believe in what they do and will do the best job they possibly can. Which is more than your son can defending himself. The laws are tough, and their is much he doesn't know as a lawyer.

-- Anonymous, October 01, 2002

Your son obviously shoud not contact his former girlfriend, however you can. Have her recant any admissions made that might harm your son.She would then be a hostile witness for the prosecution and any district attorney would be reluctant to pursue it.

-- Anonymous, June 26, 2003

I agree that your son should fight if he is innocent.

I would recommend, however, they he not defend himself as he might find charges being made against him that he may not legally know how to fight. I believe each state may have an attorney referral system if he has some means of paying. It is either under the county or state government section of the phone book, or contact 411.

I don't know how old this matter is, but has your son considered counter charges for simple assult? By him filing charges against the old girlfriend, there may have been a possibility that both charges would be dismissed if they both plead no contest.

As far as a public defender, be careful. Although most may have good intentions, some just have extremely large case loads that cause them to look for the easy out - plea bargain. If you son is truly innocent, don't let him get screwed like my nephew did. Fight the charges.

As far as you contacting the old girlfriend. I don't think that would be a good idea. She may be nuts enough to file harassment charges against you. It is best to have your son's attorney or the public defender secure her testimony under oath.

As to the protective order, I believe that order is only good within the county/state your son filed the order. Once your son moved out of state, he put himself in harms way. The other thing is if he was under probation, he may have been considered a flight risk which would have caused more charges to be made against him.

I think the average attorney would probably charge between $1,250 to $5,000 to defend the case - based upon what the full extent of the charges are. Maybe less if his attorney could get her to drop or lessen the charges.

In any event, good luck.

-- Anonymous, July 07, 2003