Legal Question in Criminal Law in California

how can they add charges at a Prelim. hearing

Hello, My wife and I had fight,we have a 1yr. old daughter. During an argument my wife pushed me and I fell down while holding our daughter. The baby never hit the floor but I did, when that happened I reached back with my free hand and grabbed her shirt, it ripped and she kept trying to take the baby from me so I grabbed her by the hair(ouch),she is pregnant and found out the day after the fight, when I grabbed her hair she went bizzerk and was screaming, I told her I should have her arrested. She wasn't going to quite down so I gave her the baby and she went and sat on the porch, I took a shower and grabbed some clothes and was going to head to a close motel for awhile. In the meantime she went next door and called the police I was arrested and charged with Felony D/V, terrorist threats,destroying phone lines. I have never been in jail, my bail was $65,000.00 I bailed out and when I went to Prelim. with an attorney plead not guilty. The court then added three more charges to my violations ,PC 17b4,PC136.1(B)(1),PC242-243,PC273A(B),PC273.5A,PC422, can they do that and aren't I gonna get the chair? Thanks O.J. Help!


Asked on 9/09/02, 10:25 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: how can they add charges at a Prelim. hearing

I presume you had a public defender or else you'd be able to get counsel from your retained attorney. Charges may be added or dropped at any time. I have found that retained attorneys get better results than public defenders. Please call me directly at (619) 222-3504.

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Answered on 9/10/02, 12:22 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: how can they add charges at a Prelim. hearing

Thanks for your inquiry. The District Attorney can at any time add charges based upon supporting evidence, including that which comes up at a preliminary hearing.

More often, they add charges as a "punishing" tactic for not pleading guilty and accepting an offer.

Your attorney may still be able to negotiate a plea bargain, and please keep in mind that only you can accept a plea bargain based upon a particular sentence. Being CHARGED with offenses doesn't mean that you are found GUILTY of those offenses. You always have the right to go to trial, and have the prosecution prove the case against you.

Best of luck, and if you have other questions, please feel free to email me back, or call my office toll free at 1-877-568-2977.

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Answered on 9/09/02, 10:39 am


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