Legal Question in Criminal Law in California

Charges after a sentence

According to the paperwork information I have, this is my situation. On 3-25-06, my husband was picked up for a warrant and an additional charge of 11364. On 3-26-06 I bailed him out and he was to appear on 4-24-06. On 4-24-06 my husband entered a guilty plea to charge 11364 and was sentenced to 4 days, served; and fined $250.00. The judge said to notify the bail bond company because the matter was now closed. Then on 6-14-06 he recieved a notice to appear on 7-5-06 with a different case number then he had previously. When we arrived today 7-5-06, we were notified this was in regards to charges on 3-25-06. Charge 11364 and 11357. My husband and I were very confused not sure of what date was resolved on 4-24-06. My husband unfortunately plead guilty to both charges and because of the previous plea was given 2 years probation and an additional $250.00 fine. My question is, can someone be arrested, appear and recieve a sentence only to have a different case number and charges brought against them later and then be sentenced again?


Asked on 7/06/06, 3:17 am

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Charges after a sentence

Assuming that each charge arises from the same, and sigular, incident, the second plea can be challenged on "Kellet" grounds and a motion to withdraw the second plea. This really requires Counsel to submit the proprer pleadings.

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Answered on 7/06/06, 11:57 am


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