LAPD says Avenatti was charged. Avenatti says he wasn't

[Yosemito]

One of these two is lying:

Link to tweet

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Link to tweet

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[RockRaven]

1. No, they use different words, and there's the discrepancy...

LAPD says arrested and booked.

Avenatti says not charged.

Arrested and booked are not the same as charged, in CA anyhow.

[Yosemito]

2. The LAPD said he was booked on a charge

The charge # is even cited.

[Yosemito]

5. Correction. I think I understand now

The police can't charge. Only
The prosecutor no later than 72 hours later. I just read about the procedures.
So I believe you're correct.

The process seems confusing.

[Kaleva]

10. That's the way I understand the procedure. Avenatti is technically correct.

[hlthe2b]

15. Avenatti was arrested and booked. He has NOT been arraigned on charges, so technically he's correct

[Kaleva]

3. Avenatti is playing it coy by using different words

Avenatti hasn't been to court yet to be formally charged and to be asked how does he plead.

[no_hypocrisy]

4. One way to find out: Find out the date for his first appearance in Court.

No date, no problem.

[Kaleva]

7. That date probably hasn't Ben set yet.

[Jarqui]

6. Link to LAPD website

News Release
Thursday, November 15, 2018
Arrest Announcement of Michael Avenatti NR18291ml
http://lapdonline.org/home/news_view/64792

Los Angeles: The Los Angeles Police Department West Los Angeles Detectives have arrested Mr. Michael Avenatti

On Wednesday, November 14, 2018, at 2:05 p.m., Michael Avenatti, 47-year-old resident of Los Angeles was placed under arrest, Booking # 5473086, for 273. 5 (a) PC Intimate Partner Violence at the 10000 block of Santa Monica Boulevard in Los Angeles.

Avenatti was booked for the above-mentioned charge on November 14, 2018, at 3:44 p.m., with bail amount set for $50,000.00

The case will be presented to the Los Angeles County District Attorney for prosecution.

273. 5 (a) is "almost always filed as a felony."
http://www.criminaldefense909.com/spousal-abuse-273-domestic-violence-california.html

[Kaleva]

9. But isn't it up to the DA to decide if formal charges are to be brought?

It's not the police who decide who goes to court or not.

[Jarqui]

14. Yes

It's only at the stage where a apparent 'cohabitant' of Avenatti's has accused him of "Intimate Partner Violence", the police saw some kind of evidence of that - probably through physical inuries, arrested Avenatti for it and bail was arranged for $50,000. Avenatti is due back in court Dec 5th to continue responding to this charge.

https://www.losangelescriminallawyer.pro/california-penal-code-section-273-5-a-pc-corporal-injury-to-spou.html

California Penal Code Section 273.5(a) PC makes it illegal to injure a spouse, cohabitant or fellow parent in an act of domestic violence. This offense is also referred to as domestic abuse, domestic violence, or corporal injury to a spouse.

To prove that a defendant committed the crime of inflicting injury on a spouse, cohabitant or fellow parent resulting in a traumatic condition, a prosecutor must be able to establish the following elements:

1. The defendant intentionally and unlawfully inflicted a physical injury on his or her current or former spouse, cohabitant or child's parent.
2. The injury resulted in a traumatic condition.
3. The defendant did not act in self-defense.

A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct use of physical force. Cohabitants, as used in the statute, means more than roommates and instead describes a relationship of two people living together for a substantial period of time. A person can cohabit with more than one person at the same time.

To charge Avenatti, the police would have to have some grounds to believe Avenatti "intentionally and unlawfully inflicted a physical injury" on this alleged woman, the "injury resulted in a traumatic condition" and Avenatti "did not act in self-defense". If the prosecutor believes the police and feels they have enough evidence to convict, they will prosecute Avenatti.

Innocent until proven otherwise but this is a fairly serious charge given the criteria.

[leftofcool]

17. And yet the same woman has said it didn't happen.

[LisaL]

18. What same woman?

We don't know who this woman is.

[Jarqui]

19. I don't think so.

His two ex-wives have spoken well about him in statement released in response but to my knowledge, the victim has not been identified.

http://www.latimes.com/politics/la-me-pol-avenatti-police-20181114-story.html

Michael Avenatti, the lawyer for porn actress Stormy Daniels, has been arrested in Los Angeles on suspicion of domestic violence, police said.

The celebrity attorney was arrested around 2 p.m. Wednesday in the 10000 block of Santa Monica Boulevard based on allegations stemming from an incident that took place in West L.A. on Tuesday, said Officer Jeff Lee, a Los Angeles Police Department spokesman. Avenatti has lived in a luxury apartment complex in that section of Century City.

The allegations were made by a woman who had “visible injuries,” including bruises, according to a law enforcement official who spoke on the condition of anonymity.

Avenatti was released after posting $50,000 bond late Wednesday.
....
Lee said he could not comment on what, if any, injuries the victim suffered, and he declined to say where the alleged incident took place. The LAPD generally does not identify victims in domestic violence cases, and a case has yet to be presented to the Los Angeles County district attorney’s office.

Avenatti is slated to make his first court appearance Dec. 5, according to online booking records.

Avenatti says he was not charged. The police press release and the media reports suggest that he was arrested, booked on a domestic violence causing bodily harm charge, paid a $50,000 bond and is due back in court Dec 5th.

I do not understand how all that could have taken place and his claim that he has "not been charged with anything":

Link to tweet

If he hasn't been charged, why do the police claim he paid a $50,000 bond and is due back in court Dec 5th? something doesn't add up.

[Kaleva]

23. His 1st and 2nd wife said that but they aren't involved in this. It's somebody else we don't know.

[Hoyt]

8. Do you usually have to post bail if not charged?

[onecaliberal]

12. In California you can wait for arraignment for the 72 hours. If they don't charge, you're free.

[leftofcool]

16. Looks to be so in CA on this type of allegation.

If one is arrested you have to post a bond. There will be no charges. No woman has come forward. I am pretty sure this is a Wohl set up. just like the one on Mueller.

[Kaleva]

20. LAPD did n't say if the victim was a man or woman. They said that the victim had visable signs...

of physical injury. I don't know why Avenatti himself hasn't released the name of the alleged victim as he would know that.

[fallout87]

11. I think he was arrested on suspicion of DV

He's parsing words... snakes are good at parsing words.

[AlexSFCA]

13. I hope LAPD is investigating this

someone must be arrested fo false accusations.

[Kaleva]

21. Avenatti ought to be threating to sue the person who filed a complaint against him.

But for some reason, he doesn't even mention his or her name which he would know.

[Polybius]

22. Why must he always insult and threaten people every day?

"I promise that you will soon learn the hard way that you are not as smart as you think."