Shoplifting, Larceny, Robbery, Theft Serious Charges in California

[newresident]

Defendent was arrested in another state on a Fugitive Charge because an arrest warrant was issued for his arrest from Los Angeles, California. The six charges were serious felonies...fraud, grand larceny, etc. Prior to extradition hearing, within 2 weeks of the hearing, the charges in California were all dropped and the fugitive warrant was then dimissed as well.

Questions:

1. If California believed Defendent was guilty enough for them to file such serious charges against him, why would they drop all charges prior to Extradition hearing and have Defendent released?

2. Can state that arrested him and seized items in his home as evidence hold the property? If so, for how long? Can any of these items be used to file charges against Defendent?

Thanks for your help...

newresident

 

[Michael Wechsler]

It is certainly possible that the charges were dropped because after some time it appeared that circumstances changed and the prosecution realized the difficulty in making the case at trial. This doesn't dispose of the need for cause prior to the arrest or make any statement that the arrested was innocent because of the release. Regarding the return of property, I don't know how much time it will take but if the items were seized pursuant to a validly executed warrant, then I would think that other charges could be made with regard to the seizure of that property as well. This isn't to say that other defenses may be availalable but I don't know all the facts of the case.

Defendent was arrested in another state on a Fugitive Charge because an arrest warrant was issued for his arrest from Los Angeles, California. The six charges were serious felonies...fraud, grand larceny, etc. Prior to extradition hearing, within 2 weeks of the hearing, the charges in California were all dropped and the fugitive warrant was then dimissed as well.

Questions:

1. If California believed Defendent was guilty enough for them to file such serious charges against him, why would they drop all charges prior to Extradition hearing and have Defendent released?

2. Can state that arrested him and seized items in his home as evidence hold the property? If so, for how long? Can any of these items be used to file charges against Defendent?

Thanks for your help...

newresident