Legal Question in Criminal Law in California

Pre-trial Motion

I'm being charged with resisting arrest and battery on a police officer...this of course to justify unnecessary taser use by the CHP. My attorney (no longer my attny) was able to have the Battery Felony reduced to misdemeanor battery because the cops testimony was poor. However, he did not motion for my Felony Resisting to be reduced to a misdemeanor. To me that was a big mistake on his part since the charge is a wobbler and all he had to do was ask the judge. My question is, can I make a motion myself (before getting a public defender) to have the Felony Resisting reduced to a misdemeanor ? If so, how should ago about asking the judge for this? She already reduced one count and the evidence shows that this was not a felony situation. I have my pre-trial arraignment next week. Your help is greatly appreciated.


Asked on 11/08/08, 7:08 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Pre-trial Motion

I would not put myself in a situation where you represent yourself at any hearing. If you are planning in getting a public defender, have him/her do the motion. I presume you are in a post Preliminary Hearing situation and there is a motion, called 995, where the issue of reduction to misdemeanor could possibly be still raised before trial.

While it is of course better to get everything reduced before trial, keep in mind that if your resisting charge is indeed a wobbler, you will be able to reduce after you complete probation, retroactively and for all purposes.

Kudos to you for your diligence for your active participation and understanding your case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/09/08, 3:42 pm


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