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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-30-2009, 11:50 PM
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mom needs help!!


What is the name of your state (only U.S. law)? california

i was told that at the arraignment you are given a copy of the written accousation against you. can i get a copy of this before he goes to court. my son has been arrested and is waiting to be transported to madera county from riverside county. he was picked up for a warrent he didnt even know he had. he just turned 18 and is being charged with sexual assult. also this was suppose to take place in 2005 when he was 14. how can i find out what the DA has that makes him believe he can get a conviction.
  #2  
Old 08-31-2009, 01:09 AM
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Quote:
Originally Posted by mzdeeis View Post
i was told that at the arraignment you are given a copy of the written accousation against you.
Sort of. You should be provided a copy of the complaint and asked to enter a plea.

Quote:
can i get a copy of this before he goes to court.
Ask the DA or the court. YOU may not be able to get a copy, but your son's attorney should be able to.

Quote:
my son has been arrested and is waiting to be transported to madera county from riverside county. he was picked up for a warrent he didnt even know he had.
In which county is appearing for arraignment? If he was picked up in Riverside County for a warrant in Madera County, there should not be an arraignment in Riverside County. He can fight extradition if he chooses to but all that will do is delay the inevitable. He might be arraigned for the charges in Madera County if they are fresh charges.

Quote:
he just turned 18 and is being charged with sexual assult. also this was suppose to take place in 2005 when he was 14. how can i find out what the DA has that makes him believe he can get a conviction.
Your son's attorney will be able to get the reports, lists of witnesses and evidence, and all the information that the state has in discovery.


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  #3  
Old 08-31-2009, 01:11 AM
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Quote:
Originally Posted by mzdeeis View Post
What is the name of your state (only U.S. law)? california

i was told that at the arraignment you are given a copy of the written accousation against you. can i get a copy of this before he goes to court.
He will not get any written type of report. The only thing they will provide him with, is a piece of paper with the date of his next court appearance, possibly his bail amount and what charges he is facing, which it sounds like you already have.
The actual police report of the incident which lead to the arrest warrant, will be provided to his defense attorney in the discovery process.
Quote:
my son has been arrested and is waiting to be transported to madera county from riverside county. he was picked up for a warrent he didnt even know he had. he just turned 18 and is being charged with sexual assult. also this was suppose to take place in 2005 when he was 14. how can i find out what the DA has that makes him believe he can get a conviction.
You can ask the DA or the police agency who investigated the crime for a copy of their report, but I seriously doubt that they will provide you with it. At some point subsequent to his arraignment, his defense attorney will have the discovery and the information you are looking for.
However, because your son is now an adult, unless your son directs the attorney to provide you with the report, the attorney may not even discuss his case with you, let alone provide you with any reports.

Was your son living in Madera county at the time this crime is supposed to have happened?
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  #4  
Old 08-31-2009, 03:18 AM
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Quote:
Originally Posted by ramyaswami View Post
This is regarding my brother's issue.My brother wishes to take divorce from his wife .He is recently married on feb13th ,He is facing lot of abuses and threatens from the girl asking to stay with her in her home town.He hesitates to go to her house and stay with her there but wishes to stay at his home town if the girl wishes.And he wishes to stay only in his home town taking care of his parents as my parents are aged and are of ill health so he need to take care of them.But the girl threatens our whole family that she will put us under 498a section if my brother doesn't leave my parents and go to her hometown and stay there at her place.Wht to do now?how to proceed for divorce?how many months it takes to get divorce?please advice me accordingly.
Please start your own thread on this. You may wish to start a new thread in the one of the Family Law folders.

- Carl
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....author unknown
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