AV Preeminent Peer Rated Attorneys
San Diego County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
San Diego County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • P.O. Box 122099, Chula Vista, CA 91912-6799

  • 1759 Oceanside Blvd., Ste. C #159, Oceanside, CA 92054

  • 121 Broadway, Ste. 374, San Diego, CA 92101

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  • 964 5th Ave., Ste. 214, San Diego, CA 92101-6128

  • 275 E. Douglas Ave., Ste. 106, El Cajon, CA 92020

  • 9974 Scripps Ranch Blvd., Ste. 285, San Diego, CA 92131

  • 110 W. C St., Ste. 1300, San Diego, CA 92101

  • 2368 2nd Ave., San Diego, CA 92101

  • 3401-A Adams Ave., Ste. 308, San Diego, CA 92116

  • 110 Juniper St., San Diego, CA 92101

  • 964 Fifth Avenue, Suite 230, San Diego, CA 92101

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About our Criminal Law Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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1953 Client Reviews

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12479 Peer Reviews

Commonly Asked Criminal Law Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How long can a person be held in county jail without a court date?

Mark A. Broughton
Answered by attorney Mark A. Broughton (Unclaimed Profile)
Criminal Law lawyer at Mark A. Broughton, PC
That really depends on why he is in custody. If it is for new charges and he surrendered on the warrant, it depends on whether or not there are felony or misdemeanor charges pending. Normally, on new charges, he will be into court within 3 court days (business days) to be arraigned on those charges. But if he was on probation or parole and the warrant was for a violation the time requirements are much less defined. If he bonded out by posting bail he should not be in custody. On the other hand, most hold in probation/parole violation situations are for "no bail" which means he cannot bond out. So if he has a new case for which he posted bond, and he has a no-bail hold for a probation/parole case, you're wasting your money by trying to bail him out on the stated bail for the new case: he's not getting out. Best advice is to speak to his lawyer and if you don't have one consider getting one to assist you.
That really depends on why he is in custody. If it is for new charges and he surrendered on the warrant, it depends on whether or not there are felony or misdemeanor charges pending. Normally, on new charges, he will be into court within 3 court days (business days) to be arraigned on those charges. But if he was on probation or parole and the warrant was for a violation the time requirements are much less defined. If he bonded out by posting bail he should not be in custody. On the other hand, most hold in probation/parole violation situations are for "no bail" which means he cannot bond out. So if he has a new case for which he posted bond, and he has a no-bail hold for a probation/parole case, you're wasting your money by trying to bail him out on the stated bail for the new case: he's not getting out. Best advice is to speak to his lawyer and if you don't have one consider getting one to assist you.
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Can I be convicted of gun possession if it wasnt mine?

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Answered by attorney Kathryn L. Hudson (Unclaimed Profile)
Criminal Law lawyer at Law Office of Kathryn L. Hudson
Typically only one person owns a backpack, so if you were in the backseat and not in close proximity to able to access the backpack and it was not yours, and you had no knowledge or control over the gun, the case can be made that you were not in possession. Of course this would have to be argued by your attorney after a thorough investigation.
Typically only one person owns a backpack, so if you were in the backseat and not in close proximity to able to access the backpack and it was not yours, and you had no knowledge or control over the gun, the case can be made that you were not in possession. Of course this would have to be argued by your attorney after a thorough investigation.
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Can they recharge you after a felony is dismissed?

Elizabeth B Carpenter
Answered by attorney Elizabeth B Carpenter (Unclaimed Profile)
Criminal Law lawyer at Elizabeth B. Carpenter Law
Yes, you can be recharged provided 1) the statute of limitations for reinstituting the charges has not passed and 2) the charges are not barred by double jeopardy. Jeopardy commences when the jury is sworn in or in the case of a judge trial, the first witness is sworn in. If you are at risk of being recharged for the same offense, you must consult a lawyer.
Yes, you can be recharged provided 1) the statute of limitations for reinstituting the charges has not passed and 2) the charges are not barred by double jeopardy. Jeopardy commences when the jury is sworn in or in the case of a judge trial, the first witness is sworn in. If you are at risk of being recharged for the same offense, you must consult a lawyer.
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