Legal Question in Criminal Law in California

when someone has been booked for a violation of the health and safety code, can the city file a criminal complaint against that person for a violation of a different code than what they were originally booked?


Asked on 4/12/10, 3:40 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Yes... but in most cases it would be the county District Attorney filing the charges. (In a few California cities, the City Attorney prosecutes misdemeanors instead of the District Attorney.)

When you're arrested, the police book you on their best guess of what the charges should be. The DA then reviews the police reports and decides on the actual charges.

For instance, if you were arrested for Health & Safety Code 11377(a), possession of methamphetamine, the DA might decide to file H&S 11379, transportation, which is a more serious charge.

On the other hand, if it was a small amount of meth and the cops arrested you for 11379, the DA might decide to give you a break and file 11377(a) as a misdemeanor.

Depending on the circumstances, the DA could even decide not to file charges at all.

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Answered on 4/17/10, 12:58 pm
Terry A. Nelson Nelson & Lawless

Of course. Charges can be amended and added at any time, either in this proceeding, or a new one started. If you are serious about getting legal representation in this, feel free to contact me.

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Answered on 4/19/10, 10:37 am


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