Legal Question in Criminal Law in California

Can they do that?

My husband petitioned the court for Dismissal of Accusation Pursuant to Penal Code Section 1203.4. When we went to court. The judge told us the D.A. had filed a response we were not notified of this proir. He was given the response papers right then they had no file date on them. We checked our mail on the way home and the copy we received in the mail were dated one day before the court date, which was served to them in a Notice of Hearing, 30 days prior to the date. The hearing was posponed for 2 weeks. Can the D.A. do that? I mean they had plenty of time to do what ever they needed to do. I don't think it's right that they can wait untill the day before and then file their response. Now of course there's another day off work to take care of this and of course they want to argue part of it. Is there anything we can bring up reguarding their late filing of the response.


Asked on 10/30/03, 10:11 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can they do that?

you may have some very valid procedural arguments at your disposal here, however, we would need to know more specific details pertaining to your question(s). if you would like a free phone consultation, email us directly with your contact information.

Read more
Answered on 11/04/03, 4:26 pm


Related Questions & Answers

More Criminal Law questions and answers in California