Legal Question in Criminal Law in California

I was falsely charged with 2 felonies, the police took the summary of my report over the phone. Is this legal? Also, at the preliminary hearing no witnesses showed up for the prosecution. Is this grounds for a dismissmal?


Asked on 2/06/12, 2:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

CAN the case end up being dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrested you, they think they can convict you. If the judge had agreed with your legal argument and motion there were grounds for dismissal at the preliminary hearing, he would have done so. Did he??

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, pleadings, evidence, police reports, testimony, etc.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 2/06/12, 4:03 pm


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