California Criminal Defense Legal Questions

Every person accused of a crime has the constitutional right to have their own attorney. This is especially true in multiple-defendant cases. You each should have your own attorney even though you will probably be tried together. As to a plea deal, prosecutors often make what are called "package" offers. This means that a settlement offer is made to each defendant (could be the same, could be different); each defendant has to accept and plead to his/her part of the deal. If one party rejects the offer the other cannot accept it - thus, the term "package." In some cases, offers are made independently and then any one defendant can accept his/her plea offer and the other can reject his/hers. As to defending yourself separately, the answer is yes (separate attorneys) but there are only limited circumstances in which you each would have separate trials on the same set of facts. The presumption is that you and your co-defendant would be tried together but you each have your own attorney and can raise your individual defenses in the same trial. If you do not already have your own criminal defense attorney, get one and if you cannot afford to hire your own attorney have the court appoint one to represent you. (I am surprised that this has not been done already unless you have not been to court yet.) Good luck!... Read More

You should have your own attorney working on your behalf. Being represented by the same attorney as your co-defendant could create a conflict of interest between you, your attorney and your co-defendant. You also do not have to take the same deal as your co-defendant, although sometimes the D.A. will offer a take it or leave it package deal. In such a case, you need to seek the advice of an attorney that is working on your behalf only. Good luck.... Read More

You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you. The lawyer also has a much better chance at getting this relatively minor charge infracted or even dismissed. By yourself you're more likely to get a criminal record, and it isn't worth it.... Read More

It depends on whether or not you're subpoenaed. If you were or are served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail. If you are out of state and are stopped by the police, they can arrest you based on the original state's warrant and possibly extradite you back to the original state.... Read More

If you get a letter with a court date, understand that petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment aspirations. You should talk to a lawyer, who may be able to work out a deal with the Judge whereby you can earn yourself a dismissal.... Read More

If the police weren't called , you may have lucked out, but the store can still file a report with local law enforcement who may or may not investigate. At this time all you can do is sit back and wait to see if anything happens. The local D.A. has one year from the date of the crime to file criminal charges against you.... Read More

Anyone who files a false police report in California is guilty of a misdemeanor with a potential jail sentence of up to one year. The fact that you're on probation also makes this approbation violation, which could add extra time to your jail sentence. Time to hire an attorney and maybe find a new boyfriend.... Read More