Legal Question in Criminal Law in California

Question about 6th Amendment Rights

I was arrested Friday morning at 3 A.M. during November 2006. I stayed in jail that friday, saturday, sunday and monday. On tuesday I was sent to see the judge but before I had a chance to see him/her I was informed the charges were dropped and was brought back to the room. I was also told I would be released later that night, but I was not. Wednesday came and I was told again to prepare to see the judge and the same thing happened. I was told the charges were dropped before I had a chance to see the judge or had the opportunity to speak to a public defender. Now on thursday morning around 2 A.M. I was released from jail. That being said I was arrested on Friday at 2 A.M. and released Thursday at 2 A.M. During that time I never was able to talk to a Public Defender. Now August 2007 I was informed I have a warrant for my arrest for those charges that were not filed back then but I feel as though my rights were violated as I was never given a chance to talk to a Public Defender. What can I do? How can I clear up my warrant with no attorney or public defender? Am I able to speak to a Public Defender before I turn myself in? if so, how would I go in doing that?


Asked on 8/05/07, 12:25 am

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

Re: Question about 6th Amendment Rights

Did the police question you after you asked for a lawyer? Did you say anything? What exactly are you being charged with, anyway? Seems to me you might have a speedy trial defense (in addition to other things). The one year delay suggests they waited until the statute of limitations for suing them for false imprisonment ran out before charging you (I'm not necessarily saying that the statute has run out, I don't know for sure). Why do you feel you want to talk to a public defender? Do you want to plead guilty? Don't you have any way to come up with money for a private lawyer?

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Answered on 8/05/07, 1:16 am


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