Legal Question in Criminal Law in California

I'm scheduled for preliminary hearing in a week, CAN I WAIVE IT ON THAT DAY?

Los Angeles, CA

I'm being charged with a 496a and besides that I don't know what they have on me, I'M TERRORIZED and DON'T TRUST MY LAWYER!!! But have read enough to know the extent of who side they"re on, facts remain there NOT in trouble! And I DEFINITELY DON'T TRUST THE LAW and read enough to Understand that they can and will try to add charges during the Preliminary Hearing... I wish I NEVER purchased used items to make a living.


Asked on 4/07/12, 8:17 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Yes you should be able to waive your right to a speedy preliminary hearing. Use the time to hire a lawyer with whom you are comfortable. I suspect the issue will be the cost of the items, ...meaning, the prosecution will allege you "knew or should have known" the items were stolen, or something was not quite "right", based on the low cost. True charges can be added or dropped up until trial. You need a good attorney you can talk to and trust. Good luck!

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Answered on 4/07/12, 8:44 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

You can waive your right to a preliminary examination but the district attorney can file an amended complaint any way.

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Answered on 4/07/12, 9:52 pm


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