Legal Question in Criminal Law in California

Defective arrest warrant

I was arrested pursuant to an arrest warrant under PC 422. Although the count was a misdemeanor (wobbler), the felony bail was approved. The charge was subsequently dismissed contingent upon a plea bargain to a lesser charge (PC 653m).

The inclusive dates on the warrant are in error. My attorney has informed me that, notwithstanding the flaws in the warrant, the D.A. would be positioned to prosecute the 422 assuming the charge was dismissed without prejudice.

My attorney says the issue is moot due to my plea of no contest to a lesser charge. In essence, he says that the prosecutor has no burden of accuracy when requesting a felony bail. All that he ultimately needs is the criminal complaint lodged by the victim.

Please advise on how I might proceed. The victim is a city employee who, in my opinion, has submitted a false and perjurious police report. I am seriously entertaining the possibility of suing the city for false arrest and imprisonment.

Thank you.

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