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  • Loki
    Junior Member
    • Mar 2009
    • 9

    Friend in Trouble

    I have a friend who was picked up and charged with PC 273.5 and PC 13700. His arraignment is on Wednesday, I was hoping some of you could help with any advice I could give his family, or what he can expect to go through or receive as a punishment. He does have a restraining order in his jacket, from his ex-wife. That was about 6-7 years ago.

    I have already told them to tell him to keep his mouth shut and hire a good lawyer. Since they arrested him though I would imagine he has already sunk his own ship.

    Disclaimer: I in no way condone any of his actions that have lead him into this circumstance, I am just looking for some info. This is very new to me, and them I am just hoping someone with some experience on either side of the law can let us know what to expect.

    Thanks for your time =)
  • #2
    alex00
    Senior Member
    • Apr 2006
    • 839

    Without knowing about any of his prior arrests/convictions (if any), the severity of injuries to the other half, the county this happened in, and a bunch of other subjective factors it is hard to give an opinion. I've seen DV cases run the spectrum from no charges filed at arraignment to state prison time. Your friend should follow your advice by getting a lawyer, and not talking to anyone.

    If there is such a thing as the "average" DV in my area, he would probably end up with probation, batterers treatment and a few days/weeks in jail. I hope your friend can sort through whatever issues he has and get his life back in order after this.

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    • #3
      BigDogatPlay
      Calguns Addict
      • Jun 2007
      • 7362

      Too few details but suffice to say your friend needs to lawyer up and say nothing. In my county there is no discretion in the field on DV, if a LEO has to show and the LEO can articulate a DV, then someone is going to go to jail.

      If this is a first offense, he may get a reduction to some type of a misdemeanor but he's certain to be required to go to counseling (at his cost) and will almost certainly have to do some term of probabtion, either informal or formal. Jail is a maybe, depends on if there is room and how the probation report comes in assuming he gets convicted or pleads.

      Depending on the circumstances of the prior RO he may have a bit tougher go of it.

      If he is a good friend you might want to consider having the chat with him that acting out violently is not a good thing and that he needs to not do that anymore. If it's an alcohol or drug fueled thing, he might want to consider a treatment program.
      -- Rifle, Pistol, Shotgun

      Not a lawyer, just a former LEO proud to have served.

      Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

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      • #4
        Loki
        Junior Member
        • Mar 2009
        • 9

        He is in Sacramento, and I do not know the specifics of what happened other than, the police were called and he was arrested, and that there was alcohol involved. The penal code stuff I got from his inmate info sheet on the sac county sheriff's dept website. Thank you very much for your responses. I too hope he gets his act together.

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        • #5
          Jwood562
          Senior Member
          • Nov 2008
          • 1271

          if you could provide more details then it may help. as said before 273.5 PC arrests have been made off of statements alone and then some off of marks/bruises/cuts that the officer sees upon arrival to the scene.

          if it is his first offense he may find him slef on probation and enrolled in some type of anger management classes, for the seconf or thrird ofense, good luck and lawyer up

          Comment

          • #6
            9mmepiphany
            Calguns Addict
            • Jul 2008
            • 8075

            Sacto Co...count of a minimum of 52 weeks of group batterers program put on by WEAVE and it ain't going to be cheap. miss a meeting and he goes back to jail.

            his best bet is a PD and a plead bargain...there isn't much leeway in a PC 273.5 with a previous RO. depending on injuries, he'd be lucky not to end up with a felony conviction
            ...because the journey is the worthier part...The Shepherd's Tale

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