Thursday, March 15, 2012

Legal Advice: Criminal Law | California | Your question isn't very ...

What law?

For starters, whatever Penal Code violation[s] are listed on your arrest paperwork.

If you are charged after arrest, then you?ll learn the actual charge[s] and enhancements filed and get copies of all the police reports and evidence when appearing for arraignment at the first court hearing.

The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much ?time? and fines could potentially be imposed if convicted. In California, if convicted of any felony, you potentially face a minimum of one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines.

When threatened, arrested or charged with any crime, ?what can you do?? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I?ll be happy to help, using whatever defenses there may be.

Source: http://www.lawguru.com/legal-questions/california-criminal-law/married-man-years-older-jailed-860820897/

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