Legal Question in Criminal Law in California

Legal Issue

I was arrested for dui and months later i learned that the d.a. amended the charge from 23152(a) vc to 148.9 pc at the urging of the arresting officers filing officer. then after a meeting with my attorney the d.a. suggested another change to vc 31. my concern is two fold: at what point does the d.a. have the repsonsibility to either move forward or drop the case? next,i am a former peace officer and am trying to lateral somewhere but can't because of this soley. next, why would they work or search so hard for such a case that doesn't merit the attention?


Asked on 3/13/05, 9:53 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Legal Issue

I'm not quite sure I understand all of what you're asking. You state that you have an attorney, so I don't want to interfere with your representation. Essentially, the DA may continue to add charges as the evidence supports it. You have the opportunity to waive time (your statutory right to be charged and have a speedy trial. That is the point where the DA must move forward or drop meritless charges. I can't answer your last question without seeing your file. But since you are represented, you should have your attorney discuss this with you. But feel free to call me if you have any questions. (310) 806-9237

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Answered on 3/14/05, 10:53 am


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