Legal Question in Criminal Law in California

My brother was arrested on 2 seperate occasions and jailed. At the hearing, he was read a list of charges and had dates set for cases (4 in total). During the next 40 days, there were charges in all 4 cases that were dropped, added and modified on numerous occasions. One charge was dropped the day after the hearing and never listed again. Can the courts bring that charge back at the time of sentencing and sentence him for it? How can a person set up a defense if the charges are changed day to day or dropped and brought back at the end?


Asked on 9/22/10, 9:29 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The court cannot sentence a defendant for a charge he was unable to plead to or defend at trial. If charges are added, a defendant has a right to be arraigned on the new charges, and a right to defend the new charges.

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Answered on 9/28/10, 1:28 pm


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