Legal Question in Criminal Law in California

Re: Misdemeanor??

The people of the state of California can be represented by a city attorney or a district attorney or a state attorney and maybe by others, too. It's still the State vs. You.

You don't know what you're really charged with until you see the complaint. Even then, the charges can change as the D.A. (or city atty) can reevaluate from time to time and add or dismiss counts.

If you ask that the arraignment be continued for two weeks or, say, 30 days so that you can retain private counsel, the judge will almost certainly grant that request.

Re: Misdemeanor??

In many courts, the City Attorney prosecutes misdemeanors and the District Attorney does felonies. But in some courts, the DA does both. If it's a City Atty, it's a misdemeanor.

Is it possible to be charged for misdemeanor grandt theft and at arraignment the charges be changed to felony grand theft??? I think you mean that you were arrested for a misdemeanor grand theft and you're wondering if it can be officially charged against you as a felony. The answer is yes it can be, but it probably won't be.

Ask the judge for a 30 day continuance of the arraignment in order to get a lawyer. The judge may only give you 2 weeks, but the chance of getting a continuance of some length is almost 100 per cent. If the public defender talks to you first, tell the PD that you want time to get a lawyer and the PD may help you make that request. If you'd like to talk to me about these charges in more detail, don't hesitate to call me for a free consultation. Steve Mandell 310 393 0639

Re: Misdemeanor??

Crime is a crime, regardless of which prosecutor charges it. They can add to or change the charges any time if the facts support it. If you intend to get counsel, do so. The court will not play games with multiple stalling tactics after granting you time once. Contact me if interested in getting proper representation.

Re: Misdemeanor??

Yes some crimes are "wobblers" can go from a felony to misdemeanor or visa versa. Call me directly at (619) 222-3504.