Orangevale, CA asked in Criminal Law and Federal Crimes for California

Q: After a california court violates my 14th amendment rights can they dismiss the charge and charge me a second time.

They want to charge me for the same crime when the DA and my public defender started my due process time the first time by setting up a prelim within a half hour of me having any knowledge they was going to have one that day. They did not give me the opportunity or chose for me to consider presenting my witnesses to prove what kind of liar she is even as she called 911. Which my attorney never even heard her 911 call before the first prelim. After they violated my 14th amendment rights on April 9, 2018 they decided to dismiss a charge me a second time on April 17th, 2018 for a second prelim for April 30, 2018. This is not the only reason I feel that my attorney is not representing me as he should. They have not been able to find or present the so called victim in well over 3 months. This is from Sacramento, ca not Orangeville, ca.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: a lot more info is needed

generally, jeopardy does not attach until the jurors are sworn in and wit called.

the DA will try to proceed without the wit basing the case on what she said previously.

your lawyer will object on hearsay grounds and no opportunity to cross examine the wit.

i suspect this is not your lawyers fault

Hayden Gifford Smith agrees with this answer

Hayden Gifford Smith
Hayden Gifford Smith
  • Criminal Law Lawyer
  • Visalia, CA

A: You're going to have to hire a lawyer. Rights are not self-enforcing. If your appointed lawyer is doing as bad a job as you perceive, perhaps the judge would consider letting you all go your separate ways.

No answer here - were it possible to address your complaint coherently - is going to affect the outcome of the proceeding. It may be put in the record to preserve the issue for appeal, or argued by seasoned counsel...

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