Legal Question in Criminal Law in California

Re: Pled change

Plead NOT GUILTY! - then you need to aggressively defend your rights - call me to discuss - (310)286-1218.

Re: Pled change

Thank you for your posted inquiry.

To answer your questions simply:

1. Cases rarely just get dropped, unless the DA is convinced that they may not win at trial for some factual or legal reason. The DA has to file the case in good faith, meaning that they believe a crime was committed, and committed by you, so you have to present evidence and testimony to the contrary. As you might expect, this is best done through an attorney.

2. A No Contest plea is the same as a guilty plea, except that it can't be used against you if you are sued civilly. This means that you cannot plead no contest later, and since you are basically pleading to the charge (or not contesting them), you are not entitled to present your defense at trial, and you are subject to sentencing by the judge that accepts your plea.

3. You can (and should) plead not guilty, and change that plea at any time later. Once you plead either guilty or not contest, however, your case is over and you are sentenced.

4. The maximum for delaying/resisting/obstructing a police officer is up to one year in jail, and a $1,000 fine, or both.

I hope that this information helps, but if you have more questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in anyway that I can.

Re: Pled change

YOU SHOULD START BY PLEADING NOT GUILTY, and then review the case with an attorney. GIVE US A CALL IF WE CAN HELP. LARRY WOLF

310 277 1707

Re: Pled change

Plead not guilty and get an attorney who can help you evaluate the case. You cannot be convicted of this offense unless you knew that the person you were resisting or delaying was an officer. Whether a jury could believe that you didn't know that will depend on the evidence about which express no opinion but it is a significant issue.

It is also unclear whether the officer conveyed unequivocally that he wanted you to stop. In other words, simply running away from the police is not a crime but it could be if you were commanded to stop and you refused. This requires some proof usually offered from the testimony of the officer that you heard the command.

It is even more complicated than this. Not every refusal to comply with the orders of the police is a violation. The officer has to be acting legally. In other words, his demand that you stop has to be reasonable under the Fourth Amendment. This will depend on all of the facts surrounding the case including, for example, whether he could think you were trespassing or involved in the commission of some other offense. Don't assume that you were trespassing. There are many varieties of trespass and it is surprisingly easy to find loopholes. Some types require a demand to leave and a refusal. Others require signage posted in specified intervals.

I am not saying that any or all of these conditions necesssarily will apply in your case but they should be evaluated by an attorney who can advise you what to do once all of the facts are considered.

The MAXIMUM sentence is one year.