Does an administrative law judge's decision have any variance or consequence in a superior court hearing re criminal charges?

Asked 7 months ago - Pasadena, CA

FACTS:
1. County office demanded defendant to pay eight thousand dollars as a consequence of perjury and fraud.
2. County filed charges of perjury and fraud with DA.
3. Defendant requested a state hearing with state hearing division (SHD).
At the hearing, the county reported that the matter had been resolved and therefore no county action is pending or ripe for review since the county rescinded the collection of eight thousand dollars.
4. Defendant is arrested and incarcerated when he stepped out the the SHD hearing.
5. Defendant is scheduled to appear in a superior court re perjury and fraud criminal charges.

Additional information

Agency: CDSS
Nature: Not sure. Defendant requested a state hearing to dispute the payment of eight thousand dollars.

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It depends. What was the nature of the hearing and the identity of the State agency?

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more
  2. Joseph Salvatore Farina

    Contributor Level 17

    4

    Lawyers agree

    Answered . Need more information before an answer can be provided.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

    3

    Lawyers agree

    Answered . In addition to the other answers, this is really something that you should be discussing in person with a criminal defense attorney; especially now that you have been arrested, are facing criminal charges, and have an upcoming hearing.
    Get a private attorney or ask for the public defender.

  4. David Allen Brooks

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . An administrative law judge's ruling is not binding in a criminal court, and there is no "double jeopardy" issue. The evidence taken at an administrative hearing is cross-admissible into a criminal case provided the material conforms to the Rules of Evidence as applied to criminal cases (including hearsay and hearsay exceptions).

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