Everyone wants to meet or read about “Stars”. This is especially true when it involves Domestic Violence (DV) by or on a VIP. However, not every DV arrest has merit. Sometimes, there are false accusations made by a spouse to gain leverage for a soon to be filed or already filed, divorce /child custody case.
The accusations are often made by the wife and sometimes are “banked” leverage for a future filing. Most DV claims have some merit, and I by no means condone domestic violence. However we must be aware that all “that glitters is not gold.”
I have represented hundreds of DV cases. I remember a case where a couple were staying at the Marriott Desert Springs Villas and arrived with their kids and nanny. They had reservations across the street at Morton’s at 6pm. They ordered a pizza delivery from across the street and on all 3 calls were told it was on its way at 5:30pm. It had not arrived when they left.
They ordered the large “bone in” steak for two. Aggravated from the pizza disappointment, the husband did not eat much and asked for a doggy bag. He ordered a shot of Louis 13, which was $125. His wife complained “how can you spend $125 on one shot.” He chugged the drink and left his credit card for his wife to sign and waited in the car.
His wife opened the door and said “I bet you forgot the friggin doggy bag.” He reached down by his right foot and picked up the doggy bag with his right hand. He intended to show her the bag, but instead hit her in the left eye with the “bone in” bag. Her eye began to swell and he kissed it and apologized as they returned to the villa and he went to bed.
His wife put ice on her eye and called her best friend who was married to a Beverly Hills lawyer. She said “in case you ever want to file for divorce it would be nice to have a record of your husband hitting you,” and suggested the wife call the police to make a report. She told the front desk she wanted to contact the police to make a report but not have the police come out.
However, once the police are called they are going to arrest someone, and bail is automatically set at $50,000. After getting declarations that I presented to the DA, the case was not filed.
Since the OJ case the police will arrest the defendant when they are called. Nicole Simpson had called West LA police many times and when they saw it was OJ they let him go back in the house. Now police worry that if they let the abusive spouse back in the house and s/he harms the spouse again they could be sued for negligence in not doing their job and thus causing injury or death.
Once there is an arrest the DA is not likely to drop the case when the party who was hit asks to drop the charges. Unfortunately with DV cases that happens all the time. However, the law considers the true victims The People of the State of California.
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyer’s permission.
I look upon my job as protecting the Constitutional Rights of every American who drinks, drives and gets arrested or has an ACCIDENT.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
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REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
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“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT. CALL A TAXI, LYFT OR UBER. THEY ARE A LOT CHEAPER THAN CALLING ME”. SO DRIVE SOBER OR GET PULLED OVER.