Legal Question in Criminal Law in California

new case being charged while in custody

my fiance is in custody for a drug & fraud case. he was arrested in Oct. 2006 & released on house arrest in Mar. 2007. In May 2007, he got back into custody for a positive uds. while in custody he had no set bail and a set release date. detectives came to ? him about a check fraud issue that was over a year old. they said they have his pic. of his face, him pushing the cart w/item in it & the pic. of the check. now he has a new court date & a set bail of $25000. the question is, how can he fight this case that happened over a year ago? is a prison term mandatory if this crime wasnt committed while on EMP? with the evidence that they say they have, can he still fight this case? the crime was committed prior to his recent arrest and his new change of lifestyle. also, this is not his first fraud case. if i can remember, this might be his third or fourth fraud case.


Asked on 5/20/07, 6:51 am

1 Answer from Attorneys

Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: new case being charged while in custody

He should hire a defense attorney and have him/her look into the specific situation. This is what we do....

www.berlinfirm.com

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Answered on 5/20/07, 1:58 pm


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