Legal Question in Criminal Law in California

What is the likeliness that I would be remanded into custody on my arraignment if I was mailed a summons to appear rather than being picked up by an arrest warrant? I'm being charged in violation of sections: 244.5(b) & 236. Both charges are asinine but I obviously have 2 prove that to the court now since the police here will believe any horse crap fabrication that's fed to them. Anyway, I'm dirt broke & can't afford an attorney, however, I have a suit I need to file against


Asked on 9/19/11, 5:47 pm

4 Answers from Attorneys
Elliot Zarabi Law Offices of Elliot Zarabi

Depends on how you are being charged, as a misdemeanor, you probably will not be taken into custody, as a felony, you probably will. That goes for both charges.

244,5(b) is a wobbler (meaning misdemeanor or felony) as is a 236.

Feel free to contact me with any other questions you may have.

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Answered on 9/19/11, 5:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Other factors will be whether you appear to be a stable member of the community (job, property, family, friends, unrevoked drivers license) or a shadowy member of the subculture; whether you can make bail; and whether you have priors or outstanding warrants. In any event, you are entitles to effective representation of counsel, and if you cannot afford to retain a lawyer, the public defender will step in. As a former PD law clerk, I have a pretty high regard for the knowledge and effectiveness of the public defender attorneys, and they will be more effective on your behalf if you are "square" with them on what happened.

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Answered on 9/19/11, 6:17 pm
David M. Wallin Law Offices OF David M. Wallin

Assault with a stun gun and false imprisonment are VERY SERIOUS CHARGES. You should speak to me so I can ask you all the questions I need to address regarding bail and custody and felonies and strikes. Call for a FREE telephonic consultation at your convenience. My number is 661-267-1313. David Wallin

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Answered on 9/19/11, 6:43 pm


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