You should immediately go to NCDD.com. Click on Find An Attorney. Click on California on the Map. Next find an attorneys that are near you.
The National College of DUI Defense (NCDD) is one of the best legal organizations in the country, and the lawyers in it are fantastic. You will pay more to hire one of these attorneys, but it will be worth every penny.
First, the answer of Mr. Fry is very good. It will matter what is in the police report. I agree with Mr. Fry that the police report is not likely to say, "Stopped suspect, then I did a pat-down." However, there are times when, despite an officer's attempt to continue a dention legally, the officer fails in preserving the legality of the detention.
Someone faced with the situation you outlined should research criminal defense attorneys in your area and hire the best one possible.
From what I can tell based on what is in your question, it sounds like the Prosecuting Attorney can do this, provided the defendant is provided a preliminary hearing on the new felony charge, or he or she waives their right to preliminary hearing on the new felony charge. However, if the charge was by indictment and not complaint, then the defendant would not have a right to another preliminary hearing. It is possible that the Prosecuting Attorney does not feel confident with the Assault 1st...
You should research attorneys in the county in Mississippi that is filing the charges. Start by going to ncdd.com. This is the website for the National College of DUI Defense, Inc. I know you do not have a DWI charge, but most of these guys to regular criminal defense (and they do it well) or they know somebody who does. The National College of DUI Defense, Inc. is one of the best organizations of attorneys and you would do well to hire anyone in that organization.
I agree with the previous answers, but I would like to add a couple things. First, you hire a lawyer, because they lawyer will better know what arguments the judge will find persuasive in an open plea. I practiced in a jurisdiction where I did a lot of open pleas, and I had more success than others, because I paid attention to factors the judges found persuasive. You should hire a lawyer that knows when to plead, plead open, and go to trial. So in summary, you could do this yourself, and...
In general the statute of limitations in Missouri on Misdemeanor charges is 1 year, and, in general, the statute of limitations in Missouri on Felony charges is three years. However, certain sex offenses have no statute of limitations. Therefore, it makes a difference for an attorney to know what exactly charge he or she would be advising you on. I hope this helps.
I agree with the first answer. However, I would add that there are a number of things a well-trained DWI attorney can do for you immediately after an arrest. I would suggest that this 20 yr-old hire an skilled DWI attorney ASAP.
I would go to NCDD.com and click on find an attorney. The lawyers in NCDD receive specialized training in DWI defense, and are the attorneys in the best position to win this case.
There is not really an average amount of time. Sentences vary considerably from county to county and based on the particular facts of the case. In addition to facing potential prison time, people convicted of Statutory Sodomy in the Second Degree will have to register as a sex offender no matter how small or large their prison sentence is. The only way to avoid being added to the sex offender registry is to achieve a dismissal of the charges or a Not Guilty verdict.
If your brother has been indicted, then he should be arraigned shortly. At arraignment the clock begins to tick on a number of rights he has. In Missouri, he has a right to a change of judge, a change of venue, or a change of judge and venue. In addition, he has 10 days to request discovery after an indictment. If I were him, I would be looking for a criminal defense attorney.