Domestic Violence. Both have injuries, no witnesses, but cops arrest husband.
Hi law experts,
Please bear with me while I give you some background information on a domestic violence that happened between my wife and I in early Nov, 2017 in Santa Clara County, California.
My wife didn't like a kitchen utensil container that I attached to the dish rack. I came home from work Mon. night and didn't see it attached to the dish rack. I confronted my wife and asked her calmly did she throw it away (which I found in the large city recycle bin). She said in a screaming voice she did, and that the kitchen is no place for men. I said that is crazy. I have every right to go into the kitchen or anywhere, for that matter, just as you do. I also told her most chefs are guys. "So what are you talking about?", I said.
I then told her " Fine, if you are going to be like that, well I'll throw your things away, as well." So I went downstairs, grabbed her purse bag, and went out toward the backyard to throw it into the recycle bin. As I was grabbing her purse, she knocked down my hanging headphone and external computer fan. She then ran toward me and tried to yank her purse from me. But I completely pulled her purse from her and proceeded to throw it into the recycle bin. As my wife got a hold of my sweater and kept it behind her, I tried to reach behind her to grab my sweater. That was when I suddenly felt a painful bite on my inner biceps area, and let go of the sweater. I also felt a horizontal scratch on my upper right wrist. Both of my injuries were bleeding.
3 police officers arrive within 1 hour and questioned each of us. My wife was upstairs while I was downstairs, so I did not see if she had any physical injuries or not, which she claimed she did while playing the victim, of course.
By the time the police arrived, my biceps injury turn deep purple.
The police asked if our kids (aged 14 and 18) saw what happened. Both said "No", because they both had headphones on while playing computer games and the kitchen where my wife and I argued the most was dark, as it was 8 PM.
The police decided to arrest me, just because of what my wife said. "But I, too, suffer injury from her painful bite and scratch," I told the police officers. Apparently, they did not care what I said and how much injury I had. Just that they had to arrest someone. I fully and calmly cooperated with them, did not resist or become belligerent, and kept my mouth shut. After they handcuffed me and were about to escort me out, my wife came running down the stairs to plead with them not to arrest me. But to no avail.
I have a clean record - have never use guns, drugs, stealing, gangs, etc. But my wife was arrested back in 2001 for cutting me on my forearm.
I stayed in the county jail for 1 day, and got out on a $25,000 bail the next day. My court date arraignment is scheduled on Jan. 8, 2018.
The bail bond paperwork says I am charged on an F PC 273.5. Is that the same thing as PC 273.5 (f)? The day I got released, court records show that I was scheduled to be in court in 2 days. But the bail bond company say I go on that court date only if bail was not posted.
But now, I don't see my name listed for the Jan. 8, 2018 court date. However, Santa Clara County website stated it updates the list weekly. Will my name show up the week before Jan. 8, or has the DA drop the case?
I have also read online, if the victim (which the police sided with my wife) do not show up in court or do not testify against me, does that mean the DA have no choice but to drop the case, also?
And how will the DA prove beyond a reasonable doubt I was the perpetrator or instigator, based solely on the "she said" basis, while I also suffer injuries? I believe the 3 police officers were biased against me in the first place.
Lastly, a lot of what I've read online always ends with "...you need to hire an experienced criminal defense attorney...". The way how every article/web page ends like that, sounds scripted as if every attorney was told to market himself/herself so they can justify the $300 or $500 or higher per hourly fee, plus retainer fee, plus court, travel expense, etc fee. Does that mean I need an "experienced defense attorney", or can I just pro se represent myself
Since I cannot afford this so-called "experienced attorney" and their ridiculous and exorbitant fee?
Thank you very much for your help and patience.