The Police: No matter what, resist saying anything to the police. If they are there, they are investigating the false complaint. You may think the threshold is you did something violent–but the Police’s threshold is to establish that you were present and there was mere contact. The Police will arrest for “grey” areas so they are only looking for plausible proof. (Think Vallejo Police who may just shoot you for any reason–and this intimidation is something you will need to be ready for.) The Police rationalize their false arrests as acceptable as you can prove your innocence in Court. The Police are also under enormous pressure to make arrests–particularly males. If you want to be proactive and you know your spouse is going to make a false domestic violence claim, you might as well file a complaint first. For some reason, who ever calls 911 first has a slight edge in “grey” areas. Do not underestimate the risk of arrest. While a fist fight in bar may be a misdemeanor, the mere touch and even a bare noticeable scratch equals an arrest for a felony. (You can thank the National Organization of Women and their surrogates in DOJ, California State Legislature, and lobbyists for this.) Further, do not assume it will be OK–it will never be OK if you arrested because you will be entered into USDOJ database for domestic violence and for the rest of your life whenever your name is searched you will be tagged…this makes a big difference in getting employment, especially in California. Essentially, whether you are convicted or guilty matters not, the arrest results in punishment–again thank the National Organization of Women and Senator Barbara Boxer, and Hillary Clinton (while Bill Clinton was President).
So bottom line, resist the urge to tell the Police your side of the story. With domestic violence they are looking for a reason to make a arrest. If you must something….say all you remember is that she verbally abused you and attacked you and that is all you remember. Again, practice it, do not say anything else to the Police–do not make the slightest word slip so they can arrest you. Be calm, do not raise your voice, use profanity–simply state you have nothing to say without advice of a lawyer or repeat like a parrot she attacked you and thats all you know, beyond that you need a lawyer. The police officer will probably play games and say if you need a lawyer, you are probably guilty, so if your innoncent…..DO NOT FALL for this line!
The Next Step– This is tricky and one you will have to face yourself. They usually put you in County Jail and if you are innocent you are probably terrified and angry. The District Attorney knows your state of mind. So the first thing in the morning, you will be offered a choice: A threat of 5 years in prison for felony (regardless of the underlying facts) or you plead guilty now to a misdemeanor. And they will sweeten the pot–you can get the misdemeanor expunged in a couple years after probation. Sounds like a good deal to some. But what if you are innocent–the Solano District Attorney does not care–most likely some young attorney has been assigned and all she cares about is getting a promotion or her scorecard at this point. She wants the easy kill–you pleading guilty. Its your choice. But if you plead guilty, the rest of world does not care if your record was expunged….there is always a record. This is an etiquette for the ivory tower lawyers and courts…the rest of world will always know you pleaded guilty. Try explaining to a future employer…”but the record was expunged.” And remember your name is already in the USDOJ database forever….so you can never hide the incident.
If you are innocent, you can give the DA the finger and hopefully pay some large bail. (This is why most people with no money or poor education simply plead guilty.) If you make bail, the DA will go through the motions of prosecuting you but if the facts are not there, the case will probably be dropped the morning the trial is set to begin. This is how far the DA plays games, wastes resources, and hurts innocent people. Unfortunately, the Solano DA is fully on board with the domestic violence witch hunt. (The DA gets grants from DOJ to support their domestic violence programs through old policy frameworks originated and influenced by Hillary Clinton via Bill Clinton as president in 1990s– DOJ has undocumented policy decisions through biased DOJ managers that gives more grant money to more effective programs (higher male prosecution rates). I can’t prove this but I heard from what I deem to be a reliable source that this is what happened at least in the 1990s in Solano County. Many of you father’s out there probably know how the Solano District Attorney was complicity is essentially a witch hunt.
The Trial: If it appears to be that you may go this route, then you will need a lawyer. Unfortunately, if you are poor, you will end of with a public defender who does not have time or resources to adequately defend you. So even if innocent, you have a probability of being convicted. Most likely whatever you said to the Police officer will be the only real evidence (if you are innocent).
The bottom line is that innocent men have their lives ruined in Solano County because of false allegations. Because police and the district attorney for political reasons are complicit and happy to have arrests and convictions to show they are doing their job. There is real support false allegations. When is the last time the Solano DA prosecuted for a false domestic violence conviction? The National Organization of Women and all their political surrogates would crucify any actions–the rationale being it deters women from filing genuine complaints. In doing so, the NOW has created a new Justice system with the assistance of people sworn to protect all people.
Now imagine how all of this looks in family court–you are behind before you even start because of a false allegation. Solano County Justice sucks.