How much time does a 484e(d) carry as a second offense? 4 Answers as of March 23, 2011

I was arrested for forgery w/prior under my brothers name and have been trying to prove my real identity but they dont believe me. Can i sue for this?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Whether or not you get jail time and how much depends on many factors. A second offense doesn't help, but it depends largely on the facts of the particular case and your specific circumstances. Are you still waiting to see if charges will be filed? There's always the possibility that they won't. I only represent criminal defendants - you need to find a civil attorney if you want to sue someone. Remember that you need to show actual damages to win a lawsuit. You need to speak to an attorney regarding your viable defenses to your criminal case.
Answer Applies to: California
Replied: 3/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Sue? Youd better worry about being convicted of a felony. When arrested and charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Police and prosecutors don't take the time to research, prepare and file charges just to drop them. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for dismissal, evidence suppression or other motions, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. If serious about hiring counsel to help you, and if this is in SoCal courts, feel free to contact me.

Even if you win this by not being convicted or having it dismissed, there are likely no grounds for you to successfully sue. Government agencies and agents are immune from suit unless you can prove they willfully acted completely outside their authority, and that is not what you describe. Mistakes and negligence are not grounds for suit against them. Youll be lucky if they tell you sorry upon learning of their mistake.
Answer Applies to: California
Replied: 3/23/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Who are you going to sue? You need an attorney to defend you. Concentrate on establishing innocence rather than who to sue!
Answer Applies to: California
Replied: 3/23/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
That charge is what is referred to as a wobbler. It can be charged as a Misd with a one year jail sentence, or it can be charged as a felony with a mitigated term of 16 months, a mid term of 2 years, and an aggravated term of 3 years.
Answer Applies to: California
Replied: 3/23/2011
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