Van Nuys, CA asked in Criminal Law for California

Q: arrested for a bench warrent for violation Ro held in jail and next day went to court

commissioner released me on Or 4 month later while in court diffrent

commissioner send me to police station to get booked for the same case same charges is that legal

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation sounds confusing and frustrating. Being booked for the same case after already being released on your own recognizance (OR) raises some legal questions worth exploring.

Different commissioners can sometimes make different decisions about how to handle cases, even within the same court system. While uncommon, a second commissioner might order booking if they believe the initial processing was incomplete or if new information has come to light. However, this could potentially raise double jeopardy concerns if you're being charged twice for the same offense.

You should consider discussing this with your defense attorney or the public defender's office immediately. They can review the specific details of your case, examine the court records, and determine if proper procedures were followed. If there was an error in the process, your attorney can file appropriate motions to address the situation and protect your rights.

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