Whittier, Girlfriend Hit in Face, Case Dismissed on Motion

Our client, age 25 and with no prior record, allegedly hit his girlfriend in the face, causing her to fall backwards into a couch.  The incident followed an argument over whether the girlfriend was telling others at an apartment pool area that our client was not a good person.   The client had returned from work one day to find his live-in girlfriend in the Jacuzzi at the apartment complex.  She was drinking margaritas with three other guys, who were also drinking.  It was a Tuesday.
Summary:  Whittier, Client Allegedly Hits Girlfriend in Face, Case Dismissed On Motion, Domestic Violence.
Our client told his girlfriend that if she was not working, she should at least show respect to him for working and paying all her expenses.  The girlfriend chafed at this chauvinistic comment and told him she was free to “do anything she wanted because it was America.”
 
The couple then continued arguing, but our client never laid a hand on her.  This frustrated our client’s girlfriend because she wanted our client arrested to validate her sense of who was right and wrong.  When he would not punch her or push her, she fabricated the claim.

The girlfriend then went to the emergency room, from where she left a voicemail for our client to say she fell down the stairs from his apartment and injured her face.  Indeed, she had been drinking margaritas earlier in the day.

The girlfriend, however, told the emergency room staff that our client hit her in the face and a police report was filed.  When contacted by the police, our client played back the voicemail to the police. 

Police were not persuaded by the voicemail and neither was the Whittier District Attorney, who filed a complaint charging our client with a single misdemeanor count of Penal Code Section 243(e)(1), battery upon one with whom one has a dating relationship.

The Whittier District Attorney’s office never mailed our client notice of the complaint having been filed.  Eighteen months later, however, when our client was applying for a job, his potential employers advised him that there was a warrant out for his arrest.

Our client immediately went to the Whittier Courthouse and was arraigned, entering a not guilty plea and availing himself of the public defender to defend him. 

Our client became upset with the public defender’s urging that he enter a no contest plea.  The public defender did not want to listen to the voicemail.

So our client retained Greg Hill & Associates.  Greg Hill noticed that besides the voicemail, the Client’s Sixth Amendment right to a speedy trial had been violated by the eighteen month delay in prosecution.

Greg Hill asked the public defender if she thought such a motion to dismiss would succeed and the public defender told him, “well, it is a lot of work and there is no way it will be granted.”  Greg Hill then prepared and filed the motion anyways, which the Court granted, dismissing the case.

Our client was overjoyed with the case being dismissed.  Had he fought his case at trial and been found guilty of the charge, he faced a maximum of one year in jail and/or a $2,000 fine.

For more information about the right to a speedy trial, click on the following articles: 
Watch our Video about Domestic Violence by clicking here.

 
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