Legal Question in Criminal Law in California

My son was arrested on May 15th at 00:38am for PC647(F) and
PC853.6(I)(8)with bail set at $5000. He was arraigned on May 17th at 1:00pm. He was offered 3 years probation if pleads guilty. No attorney present! He turned the offer down. So the judge set a Pre-Trial date of May 28th and the charges were changed to PC647(F) and PC148(A)(1) with bail set at $25000. He refused to sign ticket because he was of no danger to anyone or himself and he was not drunk in public. After speaking with him this morning I was informed that there was no drug and alcohol testing done at time of arrest. So how can the original charges and bail change and how can they keep him until the 28th of May?

Asked on 5/18/13, 12:30 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

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Under the speedy trial law, as long as he does not waive time a trial must be set within 30 days of his arraignment. The original charges are those proposed by the police officer. But the DA decides prior to arraignment what charges to bring. At the arraignment the DA file a "Complaint" with the official charges. After arraignment, with the permission of the court, the DA may amend the complaint.

Sadly, some Public Defenders do not staff misdemeanor arraignment courts and the judge may make an offer, usually one that will get minor misdemeanants out of jail that day. But even if it means spending more time in jail I believe your son was right in refusing the offer without first talking to a lawyer.

He should now have an attorney and that attorney may put the case on calendar if it looks like the parties are close to a settlement.

Answered on 5/19/13, 12:25 am

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