In October of 2010, our client and his wife allegedly got in an alleged fight with his wife in the City of Torrance. At the time, our client was twenty-eight and his wife was the same age. Our client came home at about midnight with fast food for the two to eat.
His wife began arguing with him and our client allegedly hit her with a closed fist in her back. She told him she would call the police on him, so our client left the house. Two officers from the Torrance Police Department then arrived at the house, only to find the wife and their two-year old son.
The wife, who stood five feet, five inches tall and weighed 140 pounds, then told police that our client, who stood six feet four inches tall and weighed 210 pounds, had hit her in the back five or six times as she lay on the bed, which was more than the one punch she earlier reported to the 911 dispatcher. Police were unable to see any visible signs of injury, such as bruising, on her back. The wife also told police that there had been eight on nine similar fights between the two in the past. Police then left.
A few days later, police caught up to our client at the house and the wife told the police that she was not interested in prosecution and that she did not want a civil protective order against her husband. Police then left without arresting our client. Our client was never booked at the Torrance police station.
Within the next week, our client, his wife and their son then moved to New Jersey.
About two months later, our client received mail from the Torrance Police Department that a case against him had been filed for three charges related to the fight: 1) misdemeanor domestic violence (Penal Code § 273.5(a)); 2) misdemeanor battery upon a spouse, girlfriend or cohabitant with whom one has a romantic relationship (Penal Code § 243(e)(1)); and 3) simple misdemeanor battery (Penal Code § 242).
In response, our client called the Torrance Police Department and asked what he should do. The answer was return to Torrance and appear in the Torrance Superior Court for the arraignment, which was just days away.
Our client could not afford to do this, so he did not appear at the arraignment and an arrest warrant (not just a bench warrant) was issued for the client.
The next year, our client and his wife divorced and his wife moved to Atlanta with the child. Our client moved to Philadelphia.
Twelve years later, in 2022, our client’s employer notified the client about the arrest warrant from Torrance. The employer told the client that he needed to have it resolved or else he would be asked to leave.
The client then called Greg Hill & Associates and spoke with Greg Hill about the situation. The client had remarried and had a family with three young kids. The client described the above facts and Greg explained how such misdemeanor cases with outstanding bench or arrest warrants are often resolved at the Torrance Courthouse when defendant never appeared in court for the arraignment.
The client had no prior or subsequent criminal history.
Greg explained that because the wife had no observable injuries and was never desirous of prosecution (plus she may be difficult to contact twelve years later), the Torrance City Prosecutor may not be able to prove the case. The Torrance City Prosecutor could just dismiss the case due to the age of the case.
Moreover, the client may have a viable Motion to Dismiss for Deprivation of his Sixth Amendment Speedy Trial Right under Serna v. Superior Court (1985) 40 Cal. 3d 239, which Greg explained was applicable only to misdemeanor cases.
Greg then appeared on the client’s behalf in the Torrance Superior Court and asked to have the arrest warrant recalled, which the judge granted. The Torrance City Prosecutor then announced that they were dismissing the case due to the age of the case.
Greg did not explain to the prosecutor that our client and his wife had moved outside the state before the case was filed or that he was now living in Philadelphia. Had Greg shared such information, such a quick dismissal may not have taken place.
For more information about bench warrant and domestic violence issues, please click on the following articles: