Legal Question in Criminal Law in California
Two Charge Trouble
My brother has been arressted for suspicion of attempted murder. From the police report it can be determined that the victim is very much alive .(Problem),on the internet report under inmate information he is listed under the charge of murder in the first degree,this error has been posted for over a week.What can be done to have this removed or corrected ?Thank you for any respons.
5 Answers from Attorneys
Re: Two Charge Trouble
Hire an attorney for him, it is all part of the process that will get worked out in court. That error is the least of his concerns. He faces substantial prison time if convicted. Contact me if interested in having counsel.
Re: Two Charge Trouble
I have not encountered that particular problem with any of my criminal law clients so I am not sure where to go with that one. However, if your brother has not been convicted I do not think that this will have an impact on his case. What will have a substantial impact is not having a good attorney for your brother. Therefore, please feel free to send me an email and we can arrange a free consultation.
Re: Two Charge Trouble
I would find out from the courts what he is really being charged with. If it is attempted murder, fax the jail the charging document and ask them to correct their posting
Re: Two Charge Trouble
Thank you for your inquiry, and the opportunity to assist you further.
Keep in mind that for punishment and bail purposes, only the charging document (that is, the complaint or information filed by the prosecution) matters, not what's stated on the detention center website. Since the website is not admissible to prosecute the case, it shouldn't cause him any problems, but if you wish to correct it, I'd second the opinion that forwarding official court records to the Sheriff's office, and asking them to update the charges, would be helpful.
If your brother has a slightly different problem, in that the prosecution hasn't yet dismissed charges that are not applicable, your brother's attorney needs to file a demurrer, or other motion, to dismiss charges that are impossible on their face.
I hope this answer helps, but if you do need additional help, or have other questions, please feel free to email me at [email protected], anytime. It's my pleasure to assist in any way that I can.
Re: Two Charge Trouble
While it may seem important, the information on the sheriff's web page is completely unimportant as it relates to the actual charges that your brother is facing. What is important is what charges the District Attorney files against him, which will happen very quickly after the arrest if your brother is in jail. The charging process is a 2-step process. The arrest is the first step, but the prosecutor's decision is the second and official step. If you'd like to talk more about this, or if your brother wants a lawyer to represent him, please don't hesitate to call me. Steve Mandell 310 393 0639
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