Legal Question in Criminal Law in California

My partner was picked up and jailed on a felony warrant for grand theft that was issued for a different person of the same name. The County that issued the warrant is several hundred miles away from where we live. He was released and ordered to appear for an arraignment. We can't afford an attorney and we can't get access to the complaint, or any identifying information that would help us clear this up. The person they are looking for is currently on probation. We're afraid that the probation factor will cause the judge to hold him for trial. The prosecutors' office won't talk to us, and the court won't release any records except a copy of the warrant and the previous judgement. It sure seems there should be fingerprints around for comparison but we don't know how to get anybody to look at that. Is there anything we can do?


Asked on 12/07/10, 7:31 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

In any criminal case, the prosecution will have to prove identity, not just a name. Your partner's attorney (whether private or public defender) should b challenging the ID well before the trial. Fingerprints, booking photos, line up motions, etc may clear this up.

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Answered on 12/12/10, 8:10 am
Robert Marshall Law Office of Robert L, Marshall

If your partner can't afford to hire his own attorney, the judge will appoint the public defender when he goes to court. Identity mix-ups are pretty common in the criminal courts and his lawyer should be able to resolve it easily.

This is not a do-it-yourself project, like fixing a leaky faucet, that you should attempt to resolve yourself. The District Attorney's office was actually trying to protect your partner by refusing to speak to you; criminal defendants who contact law enforcement, instead of letting their lawyers handle things, usually make the situation worse.

Your partner should also ask his lawyer about a factual finding of innocence, where the judge states he didn't commit the offense. That's better than a dismissal for lack of evidence.

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Answered on 12/12/10, 10:08 am


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