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  1. #1
    Join Date
    Oct 2005
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    12

    Default What Happens After Arrest

    Hi,
    I am from California
    I went for a massage with a massues and i after 15 days i got a call from police that the chiropractic office reported that i have inappropriately with her to touch my private parts.

    The cop asked does it happend really and i said No

    what happens next?

    I dont know whether they have any proof even i dont know whether they video taped and auido taped.

    if they have proof what charges can be filed. This is my first time from last 5.5 years taling to police or investigating by them

    Please help me i am really scared. How long basically it takes to get a warrent and arrest me

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default

    There really is nothing you can do unless or until you are arrested or asked additional questions. It sounds as if you made a solicitation for a sex act which can be criminal in CA (a misdemeanor, generally, if charged as soliciting for prostitution).

    They have up to a year to present the case to a court. Chances are if you don't hear anything soon, it's not going anywhere. If you DO hear back from them, contact a lawyer.

    - Carl

  3. #3
    Join Date
    Oct 2005
    Posts
    12

    Default what Happens Next

    I already consulted a criminal lawyer. The lawyer is trying to contacting the police officer.

    if the police offcier sends the file to DA how long basically takes to file charges and issue arrest warrent.

    Does they can video tape the massage session?

    Does they can arrest me at home or work?

    Please let me know plese help

    are you a lawyer?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default Re: what Happens Next

    Quote Quoting kkusaca
    if the police offcier sends the file to DA how long basically takes to file charges and issue arrest warrent.
    If the DA does not require additional information, he could - in theory - obtain a warrant the same day.

    Does they can video tape the massage session?
    Without your knowledge? I doubt it. Since massages often include the client being at least partially disrobed, I would doubt they are videotaped without notice of some kind.

    Does they can arrest me at home or work?
    With a warrant, they can arrest you wherever they find you ... subject to restrictions for night service.

    are you a lawyer?
    No. I'm a police officer.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Posts
    12

    Default what happenes next

    Does my lawyer knows about the warrent before me?

    if they didn't vdideo taped whats their proof?

    any Audio conversation is proof?

    In parctical how long it takes with your experience to issue arrest warrent in california from DA office?

    what will be possible charges can be filed and will there will be any jail time for the first time?

    can i get bail

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default Re: what happenes next

    Quote Quoting kkusaca
    Does my lawyer knows about the warrent before me?
    Probably not. If your lawyer is tight with the DA, he may receive a call asking that he arrange your surrender for booking, but there is no requirement that your attorney be notified.

    if they didn't vdideo taped whats their proof?
    Testimony is evidence. If it is videotaped, then it's even better evidence. If it was audio taped it may well be unlawful evidence.

    any Audio conversation is proof?
    Generally, they could not secretly record you without advising you. You would have to reasonably know you are being (audio) taped, or have been advised of this prior to the taping.

    In parctical how long it takes with your experience to issue arrest warrent in california from DA office?
    The DA doesn't issue the warrant. the DA forwards a request to the court who will evaluate and then issue a warrant if they feel there is sufficient cause.

    And the time varies widely by jurisdiction. In my previous agency (within a large metropolitan county in southern California) it was common for a non-priority case to take 30 days or more to go to warrant once it was transferred from the DA to the court. From the time it went to the DA's office to issuance was usually betweem 45 and 60 days.

    In my current county we can generally get a warrant in a non-priority case in 72-96 hours from the time it is sent over to the DA. Often it is even sooner than that. And we can walk a case through the process in less than one 8-hour day if we have to.

    what will be possible charges can be filed and will there will be any jail time for the first time?
    It depends on what they are alleging. Either PC 647(a) or (b) are relatively low level misdemeanors, so a fine of not more than $1,000 and/or up to 6 months in jail can be levied. There are some other penalties that can be assessed as well, but I am not sufficiently versed in the intricacies of the sentencing process to adequately explain them here.

    can i get bail
    If arrested, yes, you can get bail ... unless you are a flight risk or there is some form of a hold on you due to parole or prbation violations, or outstanding warrants.

    - Carl

  7. #7
    Join Date
    Oct 2005
    Posts
    12

    Default what happens next

    HI right now where are u

    right now i am in santa clara county how long does it takes for the warrent do you have any idea?

    Please help me

    can i just pain fine and do community service to avoid jail time?

    Does the DA can ignore the case?

    when the Video Tape will be submitted court?

    Does my lawyere can ask it before the charges ar filed from the police or from DA?

    Thanks

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default Re: what happens next

    Quote Quoting kkusaca
    right now i am in santa clara county how long does it takes for the warrent do you have any idea?
    There is no hard and fast rule. The police can hold on to it for a long time before they submit a case to the DA. However, in a matter like this they either have the evidence to submit or they don't. I suspect you'll know one way or the other within a month or two.

    It sounds to me that you committed the crime. I would recommend you speak to an attorney just to make sure your bases are covered.

    can i just pain fine and do community service to avoid jail time?
    It's possible.

    Does the DA can ignore the case?
    Yes, he can decide not to file the case if he chooses.

    when the Video Tape will be submitted court?
    If there is a tape it can be submitted in to court at various times. Its existance will have to be revealed to your attorney in Discovery if it goes to court.

    Does my lawyere can ask it before the charges ar filed from the police or from DA?
    Your lawyer can ask anyone anything. He may not get a good answer ... but he might also get an answer that says they have dropped the complaint.

    - Carl

  9. #9
    Join Date
    Oct 2005
    Posts
    12

    Default What Happens Next

    Very thanks for your prompt replies

    I already have my attorney checking with the police.

    My lawyer left 2-3 messages to the police. waiting for the call from the police.

    When i first talk to the police on the phone[ that was the first time i was talking to police for investigation i didn tknow that i shouldn't have talked to him] he told that they dont have any video tape. Can i belive it?

    The Lawyer told that they may or may not be know about the warrent. THey told that they can find from DA office they asked me to wait for 3 more weeks to call lawyer back if i wont hear any thing from them

    Do you think the police will return the call to the my lawyer

    The police also told to me that the DA office may call me Is that true?



    Please help

  10. #10
    Join Date
    Oct 2005
    Posts
    12

    Default what Happens Next

    I have one more question

    I talked to the police officer on the phone when he first called me before i talk to my lawyer

    what ever I talked to the police officer is recorded? If it is recorded Does the police officer has to told me that he is recording the coversation? Is there any law for that in california

    Can they sumbit that to the court as evidence?

    Does the DA office can call me directly for more information?

    They just have my work number even they ont know my full name
    how can they will find me. I dont want to run away any way. If i get Warrant my lawyer asked me to call him and meet him

    Does they Can send the Arrest Warrant in MAIL[by postal mail] to me?

    When they arrest me can i ask for my lawyer?

    Please help ASAP i am really worried

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