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Should I get a lawyer? Was chargered with Elder abuse.

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Location: Sonora  |  Law type: Criminal defense attorney
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A lady and I, helped a elderly man move his belongings to his home. He found that a few of his coins were missing and accused me of taking them. He filed a police report..I did not steal anything from him. In the meantime (the same day he filed a report) myself,my mother and a friend found out who took them and got them back and returned them to the man. He told me he found out that it was the lady that had been helping him not myself, and that he would drop the charges. Appairently he did not because a no bail warrant was issued for my arrest on 6/23/2020 for elderly abuse 368(d) PC.  I have since found out that he had had a stroke and was hospitalized but has been released. He no longer lives where I had helped him move to. I dont know what to do? Can you please help me? I don't want to go to jail for something I did not do and the courts are slow due to COVID-19 and i would be there for a long time till it goes to court. Your help would be greatly appreciatted. Thank you

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How can this be resolved?
2 weeks 2 days ago, Criminal defense attorney, Indiana
A close-up, wide image that conveys a positive and colorful atmosphere, reflecting a legal advisory context. The image should capture a professional and uplifting mood, relating to the situation of a young woman facing her first misdemeanor charge for shoplifting. The setting is a bright, welcoming law office with a friendly, diverse group of legal professionals discussing strategies. The office is modern and filled with vibrant colors, bookshelves, and legal documents. The legal team, consisting of a middl I haven't gotten the date for court yet and I'm unsure how i should go about this whole thing being that this was my first charge.
4 months 3 weeks ago, Criminal defense attorney, Pennsylvania

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Sonora. If the response is inadequate, please submit a detailed inquiry.

Addressing Accusations of Elder Abuse in Sonora

In a situation where you've been wrongly accused of elder abuse under Section 368(d) PC in Sonora, it's paramount to understand the legal implications, procedures, and potential defenses. Given the gravity of the allegations, it is imperative to have an informed and strategic approach to your defense.

Relevant Legal Provisions:

  • Section 368(d) PC: Pertains to elder abuse.
  • State of California Penal Code: Comprehensive resource on elder abuse provisions and more.
  • Official Government Portal: State of California's official website.

Potential Solutions:

  1. Immediate Legal Counsel: Before taking any action or making statements to law enforcement or other parties, it's advisable to consult with a criminal defense lawyer to understand the depth and details of the charges.
  2. Gather Evidence: Document your interactions with the elderly individual, collect any possible surveillance footage, gather witnesses, and keep records of all conversations.
  3. Engage the Accuser: If possible and in coordination with your attorney, consider reaching out to the accuser to resolve misunderstandings or gather more details.
  4. Stay Updated: Keep abreast with the latest updates on the COVID-19 related court delays in Sonora to better understand potential timelines.
  5. Choose the Right Defense Strategy: Depending on the evidence, consider strategies like factual innocence, mistaken identity, or lack of intent. Your attorney will guide you based on the circumstances.

Estimated Legal Fees in Sonora:

Legal Service Estimated Cost
Initial Consultation $100 - $300
Basic Defense Representation $1,500 - $3,000
Comprehensive Case Handling $5,000 - $10,000
Trial Representation $10,000 - $25,000

Note: Prices may vary based on the complexity of the case, the reputation of the attorney, and specific regional factors in Sonora. Always compare rates and get detailed cost breakdowns from your attorney.

Further Information Required:

To ensure the best possible guidance, please provide more specifics about the incident.

Take Action: Don't wait for the legal system to determine your fate. Being proactive and securing representation can play a significant role in shaping the outcome of your case. Find the right lawyer to guide you through the process.

Key Questions:

  1. Were there any witnesses present during the interaction with the elderly individual? Witness statements can provide significant weight to your defense.
  2. Do you have any written or recorded communication with the accuser post-incident? This can help establish the sequence of events and prove innocence.
  3. Are you aware of any other individuals who might have interacted with the elderly person during the time frame in question? Establishing a timeline can help pinpoint responsibility.

Frequently Asked Questions:

How do I challenge a no-bail warrant in Sonora?

This often requires a formal legal process where your attorney will petition the court to reconsider the no-bail warrant, presenting evidence and arguments in your favor.

Can I counter-sue for false accusations?

Yes, but it's crucial to discuss the merits of a counter-suit with your attorney. Sometimes, it's more strategic to focus on defending against the main charge.

What penalties does Section 368(d) PC entail?

Penalties can range from fines, probation, to imprisonment, depending on the severity of the abuse alleged and any previous criminal record.

How long will it take for my case to go to court given the COVID-19 delays?

COVID-19 has caused significant court delays. However, the exact timeframe varies based on the backlog in Sonora courts. It's advisable to stay in close contact with your attorney for updates.

Can the accuser drop charges after they've been filed?

While the accuser can express their desire to not pursue charges, the decision ultimately lies with the prosecutor. They can decide to continue with the case even if the accuser wishes to drop it.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Should I get a lawyer? Was chargered with Elder abuse." has been changed 8 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Sonora & area of law: Criminal defense attorney.
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Criminal defense attorney

A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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