Legal Question in Criminal Law in California

Misdemeanor Dumping (Wrongfully Accused)

My mother is accused of dumping (litering) our trash at a house down the street from us. Since we know she is innocent we didn't think twice before talking with the police (detective called her in for questioning). She has now received an arraignment notice.

- Is she eligible for a public defender (my parents are not wealthy but they do own their home)?

- This is EXTREMELY frustrating, what rights does the law afford citizens like her that have been wrongfully accused and thus extremely inconvenienced?

- Does she need a lawyer if we're confident she is innocent? It seems unfair we should have to bear such an expense for no reason.

Can we complain to the city about this? The whole thing seems ludicrous. thanks so much for your help/advice!


Asked on 12/05/06, 12:00 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Misdemeanor Dumping (Wrongfully Accused)

Oh yeah, just trust in the police, the district attorney and the court system and they will do the right thing and realize Mom is innocent. What have you been smoking??!? Who let her talk to the detectives let alone accompany them to the police station??!? Yes, you have to hire her a lawyer and pay for it if you want her to have a shot at beating the charges. You should have hired the lawyer the minute you were contacted by the cops -- since she gave a statement much damage has been done -- but maybe possibly it's not too late. Under no circumstances Do not go to the arraignment without a lawyer -- if you hire a lawyer Mom need not appear in person. Do not abandon her to the public defender unless you want her to have to plead guilty.

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Answered on 12/05/06, 1:28 am
Daniel J. Mangan III JuryTrialJustice

Re: Misdemeanor Dumping (Wrongfully Accused)

Always hire counsel if able..PD's have a very large caseload and this does impact their ability to deal with the individual...and, do not blindly "trust the system", next, make sure Counsel is well informed of all facts around the case, not just the narrow "dumping" incident...like, neighborhood problems etc...

Best

DJM

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Answered on 12/05/06, 11:42 am


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