The Judge Didn't Recite My Charges at My Arraignment

[unknown0521]

My question involves criminal law for the state of: california

i was arrested for pc 261.5 and when i gor bailed out i was scheduled for an arraignment 20 days before my arrest

the judge didn't announce my charges in my arraignment unless she asked me to come back after 2 months. what is the reason for this?

outside the courtroom i saw my name with 3 261.5(c) 3 288(b) is that my final charges or the prosecutor will add more charges on my next appear??

[jk]

they can amend the charges at any time. They can actually bring charges in the future as long as it is not beyond any applicable statute of limitations to do so.

an arraignment is where you plead to a charge so I have to assume you were not actually arraigned, yet. I suspect the reason for doing so is the prosecutor is not ready to file charges, yet, and is continuing to investigate the situation. Whether the charges listed will change or not is up to the prosecutor.

[cdwjava]

These are serious crimes! The charges seem a little incongruous, however. The PC 261.5(c) is chargeable as a felony and is for engaging in unlawful sexual intercourse with a minor who is more than three years your junior (not forced, but essentially with their acquiescence or consent). The charge of PC 288(b), however, involves a lewd act involving force or fear, or that you were in a position of authority over the child. The latter offense can get you placed on the Megan's Law registry for life ... that is, after you get out of state prison where you could be for ten years. I can only assume there is a fact set to support a "consensual" sexual encounter along with a coerced lewd act.

If you do not yet have an attorney, you need to get one immediately!

[unknown0521]

the thing sir is when i got interogated i already confessed all my acts and tell them that yeah i i did dis i did that 3x 5x like that and my lawyer said that am getting a probation interview on this case. am i eligible too get a probation for all of my charges even though i already confessed?

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These are serious crimes! The charges seem a little incongruous, however. The PC 261.5(c) is chargeable as a felony and is for engaging in unlawful sexual intercourse with a minor who is more than three years your junior (not forced, but essentially with their acquiescence or consent). The charge of PC 288(b), however, involves a lewd act involving force or fear, or that you were in a position of authority over the child. The latter offense can get you placed on the Megan's Law registry for life ... that is, after you get out of state prison where you could be for ten years. I can only assume there is a fact set to support a "consensual" sexual encounter along with a coerced lewd act.

If you do not yet have an attorney, you need to get one immediately!

the thing sir is when i got interogated i already confessed all my acts and tell them that yeah i i did dis i did that 3x 5x like that and my lawyer said that am getting a probation interview on this case. am i eligible too get a probation for all of my charges even though i already confessed?

[jk]

or they have a very easy win in court.

Given the severity of the charges and your inference you have committed multiple acts of each, and are being charged with 3 counts of each, I surely would not expect probation. Confessing, especially prior to making a plea agreement, does nothing to prohibit or require probation or a sentence of the most severe level.

[cdwjava]

They are looking to give you probation for PC 288(b)?!?! And you confessed! <Jaw Drop>

You are either darn lucky, the ADA on your case is an idiot, the investigation was fouled up, or the victim and/or witness(es) are unreliable. Why they would not put you in prison for PC 288(b) is beyond me.

Here's something to consider, prior to any sentencing the Probation Department will conduct a review of your suitability for probation. This is done on any and all types of cases - even homicide. The probation report will be submitted to the judge for consideration on his sentencing. It is NOT a guarantee of probation. Unless you were offered a plea deal that guaranteed the DA would recommend probation, do not rely solely on a probation interview to presume you will receive such a sentence. And even if you are granted probation, you will still be required to register as a sex offender if convicted of PC 288(b) and your name and address could be displayed on the state Megan's Law website.

[unknown0521]

can i still go back to my mainland which is in the Philippines while waiting for my first arraignment??

[Dogmatique]

That would probably not be a wise move.

[jk]

can i still go back to my mainland which is in the Philippines while waiting for my first arraignment??

what did the courts say about sticking around? Have you paid a bail to be outside of jail?

[unknown0521]

what did the courts say about sticking around? Have you paid a bail to be outside of jail?

they didnt say anything. and yes i paid bail using bail bond