Legal Question in Criminal Law in California

My son was arrested on 9/12. He was arguing with his girlfriend in public outside our home. A passerby called the police and in the process of being detained he was also charged with resisting arrest. He has a bail set for $20,000 with a court date of 9/15. We have no previous experieince in this and are extremely scared. What do we do?

1. I can't afford a lawyer so do I go with a Public Defender?

2. Should I obtain a bond before the court date tomorrow at 1:30pm?

3. His girlfriend and her family are freinds of my family so those charges are anticipated to be dropped.

4. What can I expect from the resisiting arrest charge? A fine and a jail time?

Please Help.


Asked on 9/14/09, 12:36 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

No, don't bail him out. He will likely be released by the judge on his own recognizance. No cost. I think there is a problem with the charge of resisting arrest. The police need a valid reason to arrest him in order to charge him with resisting arrest. Arguing is not against the law. Unless they arrested him for assault or battery on her, the arrest may have been illegal and I would not be surprised to find that the D.A. does not even prosecute. If they do, it is time to talk to the Public Defender about arresting someone only for resisting arrest. Sound a bit circular, yes?

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Answered on 9/14/09, 12:50 pm


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