Legal Question in Criminal Law in California

I was arrested 6/24/11, charged with 7 felonies. I did not see a judge for 6 days, was arraigned for 1 charge PC 1000, which I have since completed. Now the D.A. is filing charges for the other 6 counts 4 months later.I never signed, or was given any papers regarding these 6 counts when released on 7/1/11 with only papers regarding reinstatement of PC 1000. Now over 3 months after release I have recieved a letter from the D.A. ordering me to appear in court 10/27/11 to answer to the other 6 felony charges from my 6/24/11 arrest.


Asked on 9/28/11, 6:51 pm

5 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You should speak with a highly qualified criminal defense attorney NOW. You may have a motion which could have the other counts dismissed. I wish you well. David Wallin

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Answered on 9/28/11, 6:59 pm
Joe Dane Law Office of Joe Dane

I would have to review the reports and charging documents, but the prosecution may be precluded from pursuing the additional six charges. They cannot selectively file some charges from an inudeny, resolve that case, then file additional charges from the SAME incident in a new case.

If there were two different investigations, that may change my answer, but you may have a way to have all charges dismissed.

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Answered on 9/29/11, 6:14 am
Terry A. Nelson Nelson & Lawless

Yes??

The prosecutors have at least a year, probably much more, to file charges, or to refile if they were dismissed without prejudice at the time, as long as the charges didn't arise out of the SAME incident/crime. You now get to defend against those charges, including seeking dismissal if appropriate.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.

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Answered on 9/29/11, 10:14 am


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