Can you be arrested for a crime that took place without a warrant or questioning? 5 Answers as of July 12, 2013Upon my husband’s arraignment, for possession of a marijuana pipe the DA stated a felony charge had been filed in another crime as well. (*He had an appt the following day for his prop215 card-which he has now*) The crime in question was over a year and a half ago. My husband has very little (based upon hearsay) knowledge of the crime in question, or did they commit the crime. The sheriff’s dept and/or the DA office have never question my husband about the crime. My husband was unaware of any charges against him, or what they were based on. Why didn’t the DA follow up on these charges a 1 1/2 ago, or even question him? When new charges are filed, are you arrested again? What about your Miranda rights? We have not moved, nor changed our address. The crime in question is burglary from an employer-which I know is a felony. The employer has video showing two individual’s wearing masks breaking and entering and removing property. What makes this felony charge completely outrageous is that my husband has been on disability for over a year now, due to “Degenerative Disc Disease, Lumber Disc Disease, and Spinal damage. We have been in constant contact with his employer, providing them with copies of all his doctors’ notes as well as diagnosis, and a work release form with limitations. This employer has also had meetings with my husband about his return to work, and trying to see if they could adjust his job duties to coincide with his limitations. When crime in question occurred, my husband was here at home, and I am a witness to this fact. Furthermore the individual, the employer suspects for the crime, was "found" with company property in their possession, and as a result "fired.” The employer did not charge this individual for the burglary felony crime. How do we tackle this terrible mess? Knowing he is facing 2 separate felony charges, which one do we tackle first? Do I need a Criminal defense attorney for both? Located in CA.
Nelson & Lawless | Terry Nelson
CAN they charge you? Of course. They may think they can convict you. You have to deal with all charges, properly and timely. What can you do? No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The answer to your first question is "yes". As to who gets charged with what, the DA and not the employer decides. DA also has to prove assertion. Husband should not talk to DA, his investigators or the cops. PERIOD. Do not care what cops/DA says. Statement will be used only to hurt him. Need an attorney. One should do.
Answer Applies to: California