Legal Question in Criminal Law in California

Recently I was arrested for the following statutes: HS 11377(A), HS 11379(A), HS 11378. I bailed out the same day. When I went to court I was told that the DA had not brought up charges. The judge said it could be for different reasons, like the DA was waiting for another agency etc. I was given options for another court day or have a letter mailed. I choose for another court day.

Also, when they arrested me there were somethings that was weird. First there was no reason for them to stop me and the officers thru their cars in front of mine like they had been waiting for me. They pulled me out the vehicle without any questions and searched my car even after I told them I did not give them permission. They took me to the police station and I had to tell them to read my right even after they had interrogated me.

What should I do, should I get a lawyer or wait for my court day? Is there a point to get a lawyer since their are not charges?

After I wrote and got a response something's changed. I got a letter telling me a had court on the same charges at a different court on a different date. Do I need to go to both courts? What does having two court days mean?


Asked on 12/04/12, 9:20 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

It sounds as if there may be a jurisdictional issue, meaning the court address you were originally given was not in the correct jurisdictional district, or, it is a totally different case, if that is possible (if there was more than one incident/ arrest/ investigation.)

It is always better to hire an attorney, so do so if you can afford. Otherwise, I would go to both courthouses yourself, both dates and keep the letter. Good luck!

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Answered on 12/05/12, 7:23 am
Anthony Roach Law Office of Anthony A. Roach

I would get an attorney. You have charges filed against you, and it is a good idea to get professional legal advice early, rather than when it is too late.

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Answered on 12/05/12, 9:05 am
Joe Dane Law Office of Joe Dane

You now know you're facing felony charges. You are absolutely going to need an attorney. There may be issues with the legality of the police contact and your search & questioning. The only way to know is with your attorney and a full review of the case.

There may be a legitate reason why they filed on a different court, but without seeing everything, I cannot guess.

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Answered on 12/05/12, 11:36 am


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