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rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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I recieved a misdemeanor complaint & notice to appear on ...

Customer Question

I recieved a misdemeanor complaint & notice to appear on one count of a committed violation Penal Code 148.5 subdivision {a}. I have never been in any kind of trouble with the law B4. I don''t know what to expect at the arraignment. I did however write a letter to the DA admitting the falsehood of the report as well as an extreme heartfelt apology to the accused, in detail. 2 separate letters. What does the term DISCOVERY REQUEST mean? Pursuant to Penal Code1054.5 subdivision the people are hereby informally requesting that defense counsel provide discovery to the people as required by Penal Code section 1054.3 I can''t afford to pay for counsel because I am a single mom of 2 and I really want to know the approximate worst that can happen as well as the probability of what can possibly happen. Any advice on how I can do as much right as possible with the judge/DA
Submitted: 6 years ago.
Category: Criminal Law
Expert:  rvlaw replied 6 years ago.

Hi,

Here is the section:

148.5. (a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor.

What is the baiss of the charge as far as you know?

Here are the discovery sections. What have they asked you for specifically?

SECTION 1054-1054.10

1054. This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements. (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States. 1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial. 1054.2. (a) (1) Except as provided in paragraph (2), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant's family, or anyone else, the address or telephone number of a victim or witness whose name is XXXXX XXXXX the attorney pursuant to subdivision (a) of Section 1054.1, unless specifically permitted to do so by the court after a hearing and a showing of good cause. (2) Notwithstanding paragraph (1), an attorney may disclose or permit to be disclosed the address or telephone number of a victim or witness to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant's case if that disclosure is required for that preparation. Persons provided this information by an attorney shall be informed by the attorney that further dissemination of the information, except as provided by this section, is prohibited. (3) Willful violation of this subdivision by an attorney, persons employed by the attorney, or persons appointed by the court is a misdemeanor. (b) If the defendant is acting as his or her own attorney, the court shall endeavor to protect the address and telephone number of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court. 1054.3. The defendant and his or her attorney shall disclose to the prosecuting attorney: (a) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, incuding any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial. (b) Any real evidence which the defendant intends to offer in evidence at the trial. 1054.4. Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted by law on the effective date of this section. 1054.5. (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties. (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure. (c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States. 1054.6. Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of Section 2018.030 of the Code of Civil Procedure, or which are privileged pursuant to an express statutory provision, or are privileged as provided by the Constitution of the United States. 1054.7. The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. If the material and information becomes known to, or comes into the possession of, a party within 30 days of trial, disclosure shall be made immediately, unless good cause is shown why a disclosure should be denied, restricted, or deferred. "Good cause" is limited to threats or possible danger to the safety of a victim or witness, possible loss or destruction of evidence, or possible compromise of other investigations by law enforcement. Upon the request of any party, the court may permit a showing of good cause for the denial or regulation of disclosures, or any portion of that showing, to be made in camera. A verbatim record shall be made of any such proceeding. If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, and shall be made available to an appellate court in the event of an appeal or writ. In its discretion, the trial court may after trial and conviction, unseal any previously sealed matter.
Customer: replied 6 years ago.
Reply to rvlaw's Post: My question was not even remotely answered. I typed exactly what appeared on my notice to appear...I guess I didn,t ask the question the correct way... I moreso wondered if jail was a possibility [probality]. Maybe you didn,t get that thru my initial questions. I am very dissapointed........................
Expert:  rvlaw replied 6 years ago.

Read the statute...it is a misdemeanor And the balance addresses discovery. As a first offender, you will not get jail time. Retain a lawyer to negotiate a lesser plea. Don't have any contact with the DA without a lawyer. Please don't say your question was "not remotely answered" I take great pride in my answers and am in the top 10 on accepts here. Your question has been answered. You have the right not to accept if you don't like it or want to. Not a problem.

Rich

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rvlaw
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Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years