Q: Can a judge pull charges a out of the air and charge you with them this past Monday I went to court for a misdemeanor
And out of blue the judge came at me with two charges that I know for sure I didn't commit which were misdemeanor identity theft and a felony which he didn't tell me what the felony was for
A:
Sorry to hear about your experience. First of all, Judges can’t “file charges” against anyone; that is done by the District Attorney.
When you are arrested, the police send their reports to the Prosecutor who can add additional charges other than the one you were arrested for based on the facts.
Your attorney should have explained this to you at your arraignment. If you had a Preliminary Hearing (Felonies) the Judge can decide what crimes charged against you should proceed to a Trial Court.
If this happened at your first court appearance then the DA added charges to your original arrest charge. If you were only arrested for a misdemeanor but the DA filed a Felony, you are lucky they didn’t raise the bail to reflect the Felony charge!
Don’t discuss the facts here; make an appointment with an experienced criminal defense attorney who can explain the process. If you can’t afford a private lawyer (Don’t waste money on the “bottom feeders” who sent you letters after they bought your info from the police) then ask for the Public Defender.
Good luck!
A:
IF YOU WERE IN COURT YOU EITHER RETAINER A LAWYER OR THE PUBLIC DEFENDER WAS APPOINTED. THAT IS THE PERSON WHO CAN INTELLIGENTLY ANSWER YOUR QUESTIONS.
HOWEVER, IT IS THE DA THAT DECIDES WHAT IS TO BE CHARGED. THE JUDGE DEALS WITH SENTENCING.
I SUSPECT THE FILING DEPUTY ADDED CHARGES TO YOUR ARREST.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A: No, a judge cannot simply "pull charges out of the air" and charge you with them without proper legal procedures being followed. The judge must have evidence or a legal basis for the charges brought against you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
