Legal Question in Criminal Law in California

If a person is arrested and they say the charge is penal code 243 (D), also the sheriffs log booking report shows arrest and booking took part on the 16th, but it acctually happened on the 15th. Also there are two differant reports showing all differant dates published in differant news pappers and stating that the information came from the sheriffs office. Then on a court calendar posted on the 20th, there are two charges ,245(a)(1) & 245(a)4, posted on the case number. How can the charges change and the dates all be so differant ?


Asked on 4/22/12, 10:30 am

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

At the time of the arrest the sheriff recommends certain charges. But the actual charges are decided by the District Attorney after reviewing the sheriff's reports. The DA is free to charge any charges the DA (or Deputy DA) feels is warranted in light of the information available.

The information in the newspaper is certainly not official and cannot be relied upon. As to the dates, the only dates that are important are those in the complaint or the indictment. Even if those are wrong they can be amended to show the correct dates.

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Answered on 4/22/12, 10:52 am


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