Questions regarding specific criminal charges.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Questions regarding specific criminal charges.
My boyfriend was recently arrested and charged with DISORDERLY CONDUCT: DRUNK and THREATEN WITH INTENT TO TERRORIZE. After his arraignment, the charges were changed to THREATEN WITH INTENT TO TERRORIZE and OBSTRUCT/RESIST EXECUTIVE OFFICER. Are charges often changed during the course of a case? And also, what exactly do the charges THREATEN WITH INTENT TO TERRORIZE and OBSTRUCT/RESIST EXECUTIVE OFFICER mean?
Asked on June 23, 2009 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Although I do not practice law in the State of California, with respect to your first question the general rule is that the prosecuting authority has the discretion to decide what the defendant will be charged with. Police officers often arrest a suspect and, based upon the facts that they observe, charge that suspect with the crimes that they feel best fit the conduct. However, it is important to remember that police officers are not attorneys -- they do not have law degrees. Therefore, the prosecuting attorney may review the police report and determine that the conduct at issue is in violation of different or additional statutes that the officers did not consider. Nevertheless, I suggest that your boyfriend consult with and/or retain a criminal defense attorney to discuss this matter more completely in the interest of obtaining the most favorable resolution possible.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.