Victorville, CA asked in Criminal Law for California

Q: my brother was arrested and has charges for THRTN SCHOOL/PUB OFCR/EMP & OBSTRUCT/ETC PUB OFCR/ETC`

his case was cancelled/ vacated but was charged with a felony what does this mean for him

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James L. Arrasmith
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Answered

A: Based on the information provided, it seems that your brother was arrested and charged with two offenses under California law:

1. THRTN SCHOOL/PUB OFCR/EMP: This likely refers to threatening a school official, public officer, or employee, which is a criminal offense.

2. OBSTRUCT/ETC PUB OFCR/ETC: This likely refers to obstructing or resisting a public officer, which is also a criminal offense.

If his case was cancelled or vacated, it could mean that the charges were dismissed, either by the court or the prosecution, or that your brother was found not guilty at trial. However, you mentioned that he was still charged with a felony, which suggests that at least one of the charges against him was a felony-level offense.

The consequences for your brother will depend on the specific circumstances of his case, such as:

- Whether he was ultimately convicted of the felony charge

- The severity of the offense and any aggravating factors

- His prior criminal history, if any

- The terms of any plea agreement or sentencing order

If he was convicted of a felony, potential consequences could include:

- Imprisonment in a state prison or county jail

- Fines and restitution

- Probation or parole supervision

- Loss of certain civil rights, such as the right to possess firearms or vote (while incarcerated)

- Difficulty finding employment or housing due to the felony conviction on his record

It is essential for your brother to consult with a qualified California criminal defense attorney who can review the specific details of his case and advise him on his rights, options, and potential outcomes.

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