Legal Question in Criminal Law in California
My son has 3 criminal cases that the judge consolidated into one case last year. The DA did not file the information in a timely manner within 15 days (15 day Rule) after consolidation. Can we file to dismiss the cases under PC 1382.739 based on this delay?
1 Answer from Attorneys
He can try anything he likes and thinks may have a chance, but you are asking for specific legal advise and education in Criminal Law and Procedure from a website and attorneys that can not ethically do so without being retained on the case. Besides, he must either have an attorney now you can ask, either private of PD, or he waived his right to counsel and is 'pro per. Usually an unwise decision. Now would be the time to hire an experienced criminal defense attorney to 'effectively' represent and defend him before the case goes 'south'.
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