Commonly the court waits until a deputy DA shows up, or otherwise continues the case for one to two weeks. Like the rest of us, sometimes they are just delayed for legitimate reasons.

If your question is whether a person can be lawfully arrested and post bail, only to later see the arrest reclassified as a detention because charges were not filed, the answer is yes, that's lawful. See Penal Code sections 849 - 851.6. However, if police knowingly arrest a person... View More

For most misdemeanors, but not all, a privately-retained attorney can appear for an accused at arraignment. Types of charges that do not allow appearance by attorney include domestic violence, protective order violations, and DUIs.

It sounds like you are trying to replace a court-appointed attorney and have a different lawyer appointed to represent you without charge. A Marsden motion and hearing is the proper procedure for making this request, which a judge will deny when there is insufficient evidence of the... View More

No, the DMV will not let it go. But you can call their Mandatory Actions Unit at (916) 657-6525 to find out what you have to do to restore your driving privilege. Good luck.

If your father was arrested today or late yesterday, and is being held in jail, his only avenue for release prior to his arraignment, which is unlikely to take place before next week because of the Holidays, is by posting bail. Bail bond agents typically charge eight to 10 percent of the total... View More

The trial for the other two co-defendants is likely to take place as scheduled. A warrant will be issued for the arrest of the absconding defendant because of the failure to appear in court as ordered.

There is no black and white answer to this question. Use of force in self defense must be reasonable, that is, proportionate to the threat of imminent bodily injury or death.

While you may have a defense, you appear to misunderstand the law of criminal procedure. A "Hobbs Motion" for example has to do with the disclosure of the identity of a confidential informant, not the production of documents. And more of an explanation is needed of what you mean by... View More

Maybe. It's complicated. The answer depends on the crime, the date of the conviction, whether the conviction is legally final, other factors. As Mr. Gribow says, more information is needed about your particular sentence. Retain a criminal law defense lawyer for a reasonable fee to... View More

It's possible, if the other county has issued a warrant for your arrest and the prosecutor in your possession case is aware of it. Consider hiring a private criminal law defense attorney to look into the matter for you and to make your best case for staying out of jail.

If by "surveilled" you mean "constantly under watch by video and/or audio devices" there is no such condition, as even parolees have a right to privacy, however limited it may be to permit warrantless searches.

It means that charges were not filed in the case. If the person was arrested, it also means that the arrest will be stricken from the record and the incident recorded as a detainment only. A detainment occurs when a person is held for a brief period for questioning only. Finally, it means that... View More

Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.

Hard to say without asking the officer and knowing more about the circumstances of the incident and your involvement. Ordinarily officers do background checks to see if there are any outstanding warrants. Good luck.

I often represent inmates at California State parole suitability hearings, but I do not understand what you are asking. Perhaps you can make your inquiry clearer over the phone. You're welcome to give me a call at no charge. Many other attorneys on this website also offer initial... View More

A single act can violate more than one statute, and some crimes are "lesser included offenses" of more serious crimes. PC 452(c) is a lesser included offense of 451(c). An individual could be convicted of one, but not both for starting an unlawful fire. The difference is a matter of... View More

False imprisonment is the wrongful (that is, unlawful) violation of another's personal liberty. It's pretty simple, so don't overthink it. It's not wrong to detain a person who is committing a crime. But it would be wrong for a private party, just as it is for cops, to use... View More

It means that a person can be punished for up to four years in jail if she is convicted of deliberately returning to an infant's parents or guardian an infant other than the one entrusted to her care.

Can you provide more information? You do not appear currently to be a prisoner, so what is the nature of the injury for which you seek a remedy? When, where and how did this injury occur?