Everything You Need to Know About a Domestic Violence Case in San Diego Superior Court

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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

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Everything You Need to Know About a Domestic Violence Case in San Diego Superior Court

In today’s society domestic violence is just as common as getting a DUI. Here in San Diego the City Attorney Office splits their calendar into Domestic violence cases handled by one attorney in the courtroom and the rest of the cases handled by the other. For those that do not know what the City Attorney Office is, it is the prosecuting authority that handles all misdemeanor cases in the city of San Diego. Most of the run of the mill domestic violence cases are misdemeanor in nature unless there are some serious bodily injuries i.e. visible injuries that need immediate medical attention. All felonies in San Diego are handled by the District Attorney’s Office. Most of the time people are arrested for a felony Domestic Violence but the District Attorney will not file formal charges because it does not rise to the level of felony conduct. They will refer the case to the City Attorney and let them pursue misdemeanor charges. The first court date is an arraignment and you are required to be there even if it is a misdemeanor because the court will want to issue a protective order to make sure there is either no contact or no negative contact with the alleged victim i.e. spouse or partner.

After that logistic hearing of pleading not guilty and getting new court dates you will be sent to Department 9 for pre-trial readiness or also known as informal negotiations where the City Attorney will make the most ridiculous offers you will ever hear. This is a time for your attorney to talk to the judge to get the City Attorney to understand common sense and the reality of the situation. If you find yourself in Department 9 in the morning at the 220 W. Broadway Courthouse, you can find these proceedings daunting to say the least. Any competent attorney will know that if you cannot reach an agreement at these hearings just set the case for trial already! Do not be scared to go to trial on a misdemeanor domestic violence case. Often times the prosecution has a hard time getting the victim to testify against their spouse or partner. The prosecution has to weigh the evidence when going to trial or dismiss the case. Often times if the prosecution has a solid 911 call and pictures that show injuries, they may not even need the victim to testify.

If you have questions about your domestic violence charges here in San Diego County, feel free to contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit our website at 619-405-0063.