Legal Question in Criminal Law in California
My son was arrested a couple of months ago for carrying a dagger, after holding him for a couple of days he was released and allowed to go home. No pending court date, no probation, nothing. We thought everything was ok. Two months later May 31, 2011 two police officers show up at my front door stating that they have a warrant for his arrest. We were shocked. No notification was mailed out to us, no court date to appear, nothing. They took him to jail and I was told that the report may have been left in a pile on someone's desk or the person who took the report did not think it was significant enough to do anything so 2 months ago decided to just release him. What ever the case is can they do this? His court date is June 2, 2011 and he is being charged with a
Charges
Charge Type Description Bail Disposition Booking Type
12020(A)(4) FEL POSS/MFG/SELL DANG WPN 00055000 PC
If anything what can I do about this? Is it normal for them to file charges 2 months later, when he was not charged with anything in the beginning and released?
1 Answer from Attorneys
Can they? Of course.
Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. 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. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.
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