Legal Question in Criminal Law in California

I received a citation CA HS 11357(b) in Riverside County. The officer put that it was an infraction on the citation. I went to court and the judge read it as an infraction. He gave me community hours and a $25 court fee. I am 16 yrs old.

Five days later, I receive a notice served by mail that it was a mistake and is being changed to a misdemeanor and the court date is in Jan.

Can they do that after I've already been to court?


Asked on 11/24/10, 2:06 pm

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

Plead double jeopardy.

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Answered on 11/29/10, 2:19 pm
Terry A. Nelson Nelson & Lawless

They just did, didn't they?

The proper question is 'what do I do?'. Show up in court and argue your position and rights. If they don't drop the new charges, then enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

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Answered on 11/29/10, 8:36 pm


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