need to re-issue citation if charges changed?

[paythepiper]

What is the name of your state? california

i was issued a citation for penal code 484( petty theft) in july, the court date on the citation was for a sunday in august. i called the court for a corrected appearance date but they had no info. i then went to court the friday before the date and the monday after to see if my name was on the dockets. it was not. on sept 5 the da filed a complaint with the same original citation number, charging me with penal code 666 petty theft w/prior. (in 1996 i pleaded nolo to possession of stolen property and did some jail time.) i went to court on the appearance date in the da's letter and am pleading not guilty. my main question is since the da did not file the complaint within 25 days of the original citation for petty theft and they are now charging me with a different violation don't they have to give me a new citation, or arrest/book me on the violation they are charging me with now? penal code 853.6 refers to the 25 day limit, etc.. but i get lost about 2 paragraphs into it. and what happens to the original 484 citation? any info would be appreciated. thank you

 

[TYRIS]

What is the name of your state? california

i was issued a citation for penal code 484( petty theft) in july, the court date on the citation was for a sunday in august. i called the court for a corrected appearance date but they had no info. i then went to court the friday before the date and the monday after to see if my name was on the dockets. it was not. on sept 5 the da filed a complaint with the same original citation number, charging me with penal code 666 petty theft w/prior. (in 1996 i pleaded nolo to possession of stolen property and did some jail time.) i went to court on the appearance date in the da's letter and am pleading not guilty. my main question is since the da did not file the complaint within 25 days of the original citation for petty theft and they are now charging me with a different violation don't they have to give me a new citation, or arrest/book me on the violation they are charging me with now? penal code 853.6 refers to the 25 day limit, etc.. but i get lost about 2 paragraphs into it. and what happens to the original 484 citation? any info would be appreciated. thank you

- 853.6 pc is for misdemeanors and does not apply to your case. You are know being charged with 666 pc, which is a felony.

When you were originally given the citation for 484 pc, the officer probably did not know about your history. Once a criminal history check was done, they filed the appropriate section.

Tyris

 

[paythepiper]

according to the paperwork i have i am being charged with a misdemeanor not a felony
specifically it says:
Type: M1 - FF Misdemeanor - Group A
(that was cut and pasted from online cite) my original paperwork from my court date also states it is a misdemeanor.