Legal Question in Criminal Law in California

I was arrested in California for 243(e)(1)/PC/M and was released from jail 3 days later on penal code 849b1 (insufficient grounds for making a criminal complaint). It sounded promising that I wouldn't face charges, but I wanted to make sure. When I called the sergeant of the precinct in which I was arrested, he told me he was delivering my paperwork to the DA that afternoon and that I was released because a judge failed to sign a document correctly. When I asked if my charges would be dropped, he said there was a 50/50 chance. Now I feel a great foreboding since he is hand-delivering my case to the DA or is this normal procedure? I don't know if this matters, but I was arrested in a town without a jail of their own and was brought to a different jurisdiction. Was I simply released because I was incarcerated for 3 days?

Asked on 8/21/17, 3:19 pm

Terry A. Nelson Nelson & Lawless

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Was I simply released because I was incarcerated for 3 days?

Yes.

New charges are being re-filed, probably correctly this time. Sounds like the PD is serious about the DA pursuing the charges.

Expect either re-arrest, or at least a notice to appear from the court.

If you are serious about hiring experienced defense counsel, feel free to contact me at 714-960-7584

Answered on 8/21/17, 4:14 pm

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