Legal Question in Criminal Law in California
I recently got arrested on December 17th 2013 and got a notice to appear at court next month on the 17th and the cop put theft from merchant and also put that it was a misdemeanor. I also had my baby at the time. What will happen to
Me? Will they call cps when I go to court?
4 Answers from Attorneys
In my 25 years of handling cases like yours, I've never seen 1 where DCS gets involved. You should get a good lawyer for the criminal charges you are facing, as the consequences will travel with you for a very long time.....i wish you well.......David
In the unlikely case that CPS is going to be call, it has probably already happened. When you go to court for your arraignment you will be told if the DA is pressing charges and if so whether those charges are for an infraction, a misdemeanor, or even a felony. If you are unable to afford an attorney and if the charge is either a misdemeanor or a felony one will be appointed to represent you. You will be given a future day to return to court either to attempt to negotiate a sentence or for trial. In some courts they will make you an offer to solve the matter at the arraignment. As a general rule it is best not to accept the offer in order that you have time to discuss the matter with your attorney first. You have a right to have a trial within 45 days of your arraignment and you will be asked whether you waive that right. You should discuss this matter with your attorney. If you can afford it you should hire an attorney prior to the court date. If you need more time to hire an attorney the judge will give you a couple of weeks to do that.+
The odds of CPS being involved if they aren't already is very, very low. At your arraignment, you'll be officially told the charges against you. Because this is a nonviolent offense and you're showing up as instructed, bail and custody shouldn't be an issue.
If you hire an attorney to represent you, they can go to court on your behalf without you having to be present. They can then represent you at any & all court dates. Their job would be to get the very best outcome for you that they could. There may be legal defenses, factual defenses or ways to lessen or dismiss the charges. Your goal, if possible, is to avoid a theft conviction. Even though the initial punishment wouldn't be severe, the long term consequences of having a theft conviction could greatly impact you.
Spend the time between now & your court date looking for a good lawyer. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Please pardon any typos - posted via mobile device.
Have someone babysit your kid for all of your court appearances.
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