Legal Question in Criminal Law in California

I was arrested appoximately one week ago on a Thursday. I was detained for carrying a concealed weapon and it was loaded. It is my legally owned and registered gun. I was taken to the county jail and then made bail. When I appeared in court the following Monday, I was told the the charges were dropped and given paperwork that, to me is unintelligible, but to the deputies in the court said that the charges were dropped. A classification of "T2" under the "DISP" section is what they used to determine this. I tried to legally retrieve my gun from the Fremont Police Department and when they contacted the DA's office I was told that the charges had not been dropped and were in the process of going to the court. She said that this "could be a mistake." Do I have any legal options here? If the charges were already dropped then why is it that they are continuing to persue the matter?


Asked on 10/21/09, 5:24 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

I understand the confusion. It could be either of two things. The police department was misinformed about the charges being dropped. It does sometimes take time for these things to get input into the system. The second possibility is that when you went to court there were no charges filed, but the D.A. was still investigating and might still file charges, in which event you would get a letter informing you of a court date on the charges. You should really meet with an attorney NOW, because if it is the latter situation, he or she might be able to help you by working on convincing the D.A. that there is no good case against you, and why not drop it now, rather than log a loss on their statatistics.

If you wish to review an article I wrote concerning cases still under investigation and useful strategies when in that situation, you can go to my web site here:

http://dinday.com/info04.htm

and

http://dinday.com/results.htm

Good luck. If you should wish to talk to me, the initial telephone conversation is always free.

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Answered on 10/21/09, 5:38 pm


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