Legal Question in Criminal Law in California

I was cited and released for 422 P.C. by an officer as a misdemeanor. I was told that I should have arrested and taken to jail for and charged with a felony. Is this possible?


Asked on 2/25/10, 12:03 am

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Penal Code section 422 is a "wobbler" meaning it can be charged as either a felony or a misdemeanor.

Could you have been arrested and charged with the felony? Yes.

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Answered on 3/02/10, 6:41 am
Terry A. Nelson Nelson & Lawless

Yes. And the charges can still be amended or added to at any time, including upping it to felony status. Get an attorney if serious about handling this right.

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Answered on 3/02/10, 10:12 am
James Bame San Diego Law Office

Get represented and have it reduced to an infraction. Contact me directly.

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Answered on 3/02/10, 11:23 am


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