Legal Question in Criminal Law in California

Re: charges filed --- question # 2

In a nutshell:

Felony charges can be filed twice.

The fact that a witness is changing his/her story will always affect credibility. It will be up to the jury to decide whether ultimately the witness is to be believed or not.

No, the DA does not have any duty to notify you if a warrant has been issued.

The bail issue can be tricky. If you bailed out before and the bond has been exonerated you might have to buy a bond again.

I recommend you get a good lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: charges filed --- question # 2

Your question is a little jumbled, but I'll try to answer your questions.

What are the odds of you being cited and released or having to post bail? It depends. If you made all your court appearances on the previous filing, you are in a better position to get an O.R. release. If not, bail will be set and you'll have to post it or stay in custody. If you posted bail on the previous case, you may want to see if the bail company you used before will cut you any sort of a deal on a new bond or a reassumption.

What if your witness changes their story? That will have to be sorted out as the case goes along. A witness can be impeached by a prior statement. If a witness testifies about something in court, but they said something different previously, the jury will be allowed to consider the inconsistent statement(s) for two reasons: to assess the credibility of the witness and for the truthfulness of the statement on the previous occasion. Your attorney should know how to best use any inconsistencies to your advantage.

Does the DA have to notify you of a warrant? Unfortunately, it's not an invitation to a social gathering. If a warrant has been issued, you'll find out when they arrest you on it. Your attorney may be able to find out if a warrant is out for you and arrange a surrender. Or - if charges are being refiled, a good attorney can talk with the DA and see about bringing you in on the charges without a warrant going out. This would also help in getting you released without having to post bail or on a lower amount by showing that you were cooperative and not a flight risk.

Bottom line - you should contact a good local criminal defense attorney ASAP.

Re: charges filed --- question # 2

It is not clear to me whether new charges have already been filed. In either event though, you should hire a lawyer NOW, and have him contact the police and determine whether a warrant has issued and have him tell them he will surrender you, so that they don't pick you up on a Friday afternoon. You will also be able to arrange bail ahead of time and not be caught by surprise.

Yes, the change in the complaining witness will help, though in testifying, the change can be pointed out. It could be enough for "reasonable doubt". A second dismissal gets you home free. And no, they do NOT have to notify you of the new warrant. That is why I say to hire the lawyer now. You can hire a lawyer just for that limited purpose just to contact the D.A. and police and to assist in bail, if you don't yet know you will be charged. I do that for $400. It's worth the peace of mind, yes?