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romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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1 month ago i was driving though a D.U.I checkpoint in

Customer Question

1 month ago i was driving though a D.U.I checkpoint in chula vista and i drove over cones 2 try and get away from it. I was pulled over and in the car they found a quarter pound of marijuana. I also have an open case in san diego regarding a felony possession for sales. I received a sitation and was never read my rights or booked for the quarter pound, just a 2 misdemeanors for driving with possession of marijuana and driving with possession of marijuana. i then received a letter in the mail stating that i was to be present in court because there was a complaint filed by the district attournys office. the letter also says that if I wasnt booked i would have to go through that process at the arraignment. my question is, when i am booked do i have to go to jail and get bailed out? do you think that im going to go to jail for the misdemeanors? are the new charges going conflict with the possession for sales charges?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  romlawyer replied 9 years ago.

Most of the time if you are booked, bail is set. However, when they ask you come in to a booking, as opposed to issuing an arrest warrant, it usually means they are not looking to jail you at that point, and bail is thus usually set very low, or on recognicance.

As for a conflict in charges, the government is entitled to proceed on conflicting charges, and l;et the jury sort it out.