Legal Question in Criminal Law in California

Case Status In Black Book Says Closed

My boyfriend + I were both arrested. I was not charged or arraigned, I got out on O.R.. He was charged with poss. for sales. Less than 15 days after that I was arrested again. I was charged with poss. The first case never was mentioned and I am doing diversion currently. And learning ALOT. We looked up BLACK BOOK,in riverside county, It says my first case status is closed. Does that mean if I get up on the stand I say it was all mine, That they will re-open the case and charge me? Does it mean that my diversion will get screwed up? Does it mean they will take me into custody after I testify? Issue a warrant? One thing that may matter is, I told them they could not go into my residence since they were investigating a vehicle tampering call. He got here in the middle of it, And said they could look for car parts. And they found drugs.


Asked on 3/17/03, 5:07 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Case Status In Black Book Says Closed

Thank you for your inquiry. I'm not sure I completely understand your matter, but from what I can tell, you are doing diversion on the first case.

If you are on diversion and are convicted of a new case, that could cause you problems in that it is a new violation, that can cause you to violate the terms of diversion.

If you have not already been sentenced or pled guilty to the charges, then, yes, you can be prosecuted if it is not beyond the statute of limitations date. Otherwise, the "double jeopardy" clause of the U.S. Constitution prevents you from being prosecuted twice for the same crime.

I hope this makes sense, answers your question, and gives you the information you need. If you have any other questions, need more information, or wish legal counsel, please email me directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 3/17/03, 2:04 pm


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