Legal Question in Criminal Law in California

Pc 422 and wobbler statutes

PC 422 is a 'wobbler' statute, meaning it can be charged as either a felony or a misdemeanor.

How can a D.A. 'request' the felony bail ($50,000) and yet charge as a misdemeanor? Once charged, how can he then dismiss the charge as part of a plea agreement?

The L.A. Superior Court has informed me that a misdemeanor bail schedule exists for misdemeanor PC 422 ($25,000), yet it seemingly cannot be found at the court website or from other authoritative sources.

Please advise on this question. The charge was not a felony reduced to a misdemeanor.

Thank you.


Asked on 11/06/02, 9:31 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Pc 422 and wobbler statutes

Thank you for your posting.

The LA County Misdemeanor Bail schedule is at:

http://www.lasuperiorcourt.org/bail/pdf/misd.pdf

The LA County Felony Bail schedule is at:

http://www.lasuperiorcourt.org/bail/pdf/felony.pdf

The schedule is only a "guideline", and prosecutors, defense attorneys, and even the judge on his or her own motion, can argue that the amount should be increased or decreased, depending upon the alleged facts of the individual situation.

You asked once charged, how a prosecutor can change the charges. The charges can be reduced, changed, or dismissed, at any time during the case, and prosecutors often do so during plea bargain negotiations.

I hope this answer helps, but if you need more information, have questions, or need help with your case, please feel free to email me directly at [email protected], or call my office directly at 1-877-568-2977. Best of luck.

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Answered on 11/06/02, 3:42 pm


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