Legal Question in Criminal Law in California

Re: Can you be charged in court for a misdeameanor , if You were not cited and t

Thanks for your posting. Even if you are not cited, and not arrested, you can still be charged with a misdemeanor up to one year after the date of the alleged incident.

I hope this helps -- but if you want to discuss specifics, or have other questions, please feel free to email or call my office.

Re: Can you be charged in court for a misdeameanor , if You were not cited and t

The prosecuting office must have received a report from the police agency. They need the report to file the charges. My office always advises that you don't trust what the police tell you because they aren't the ones who ultimately file the charges. Please contact my office at 310/277-1707 to discuss your legal options.

Sincerely,

Lawrence Wolf, Esq.

Re: Can you be charged in court for a misdeameanor , if You were not cited and t

The police had a duty to fill out reports of the incident and forward them to the prosecutor. Even though the cops didn't think they had enough evidence to prosecute you, the prosecutor apparently did, and they have the discretion to file charges against you. The cops' decision is not binding upon the prosecutor. Your situation is not uncommon. You should have a consultation with a criminal lawyer in your area. Most criminal lawyers give free consultations. If you'd like to meet with me, don't hesitate to call me for a free consultation. Telephone: 310 393 0639