Legal Question in Criminal Law in California

Re: Statutes and Expungment

Thanks for your posting. As another counsel has noted, there weren't a lot of facts, and you have a very unusual situation from what you've described.

In general, I can tell you that the double jeopardy clause of the U.S. Constitution prevents a person from being tried and convicted of the same crime more than once.

The California statutes, following the U.S. Constitution, also requires a date or range of dates and grounds for jurisdiction to appear in the complaint. If this crime was alleged to have been committed when you were a juvenile, then jurisdiction would be in juvenile court until transferred.

Thanks, and I invite you to email me or call me with more details at 714-568-1560.

Re: Statutes and Expungment

I can't tell from your posting whether the prosecution is charging you with two or three crimes committed several years apart, or whether they are charging you over and over with the same crime, committed on one day in 1986 or 1992.

If it is the same crime, you are protected by the Fifth Amendment to the U.S. Constitution, which prevents you from being prosecuted again for a crime after it has been finally decided.

The incorrect statement of your age on the docket could be important if you were incorrectly identified as a juvenile or as an adult (not your situation). It could also be important if there is another person with your same name who should be charged instead of you.

You certainly need legal advice. If you can afford private counsel (it doesn't have to be that expensive), give me a call at (626) 744-7787.

Best of luck and God Bless.

Re: Statutes and Expungment

What the hell are you talking about? You're obviously a very bright guy from the vocabulary you us. So tell me a short story of the facts. I need to know: 1) is it the same crime (same facts occurring at the same time in the same geographical location) being charged twice? 2) is the second arrest for a new crime (different facts date, etc.) being charged? I don't need to know all the minutiae of each case but I need to know what happened. If the two cases are different facts. I just need to know some of the facts of the second case, and what happened to the first case i.e. charges dropped, guilty plea, or found guilty by a judge and/or jury after a trial.

Then after you write all the pertinent facts ask me your legal question.

I liked your attempt at using a metaphor.