Legal Question in Criminal Law in California

I recieved a (notice of the arrest warrant) with penal code charges Battery with Serious Bodily Injury 273.5 and Bail amount $10,000.00, this alleged incident happened in June or July of 2013 and no charges were filed why am I being asked to surrender myself on the arrest warrent and asked to post bail?


Asked on 1/18/14, 7:12 pm

4 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Apparently charges have now been filed. Section 273.5 is domestic violence and does not required great bodily harm. It is possible that you are also charged with a violation of Section 245(a)(1) which is assault with great bodily harm.

What you need to do immediately is hire an experienced criminal defense attorney.

Good luck

Read more
Answered on 1/18/14, 7:23 pm
David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, I would tell you that you need an experienced attorney to fight for you. A crime of violence is a serious matter with serious consequences. These charges have life-long effects. Contact a firm that has background in these matters. I wish you well........David

Read more
Answered on 1/18/14, 7:43 pm
Terry A. Nelson Nelson & Lawless

Why?

Because charges have now been filed against you, and they are offering you a polite way of dealing with it without being arrested and taken into custody at your work or home by a swat team. I suggest you hire an attorney to deal with this intelligently.

A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

Read more
Answered on 1/18/14, 8:23 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Who says no charges were filed? Perhaps none were filed in June or July, but it seems pretty clear that they have been filed now. The statute of limitations has not kicked in yet, so the authorities were allowed to file the charges months later.

(Note that charges are filed by the prosecutor, not the victim. So even if the victim didn't try to have you charged, the prosecutor had the authority to file charges.)

You need a good defense lawyer immediately. Start looking for one right away.

Good luck.

Read more
Answered on 1/18/14, 8:56 pm


Related Questions & Answers

More Criminal Law questions and answers in California