Legal Question in Criminal Law in California

Penal Code 273a

My 18 year old son was arrested and is being charged with P.C.273a for taking a 17 year-old girl to a party where there was alcohol and, possibly, drugs. She insisted on staying at the party when he left. She had sex with another boy, 18 years-old, and did not go home until 9:am the following morning. Both boys were arrested and are awaiting arraignment. The girl's parents are prosecuting. My son has no priors, no history of drug or alcohol abuse or sexual misconduct. He is employed and lives with his uncle. He did not have sexual intercourse with the girl. His bail has been set at $100,000.00. What do you think will happen? I canot afford private legal counsel.


Asked on 5/15/02, 11:43 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Penal Code 273a

The parents are not prosecuting. The People of the State of California are prosecuting. The parents may have brought the matter to the attention of the police or may have went to the D. A., if the police would not act, and made a report there. Taking someone to a party is not much of a crime. She certainly wanted to go, and she made the decision to stay. The guy that took advantage of her has a problem but your son's situation is not very serious. Your son is eligible to be represented by a Public Defender. and I suspect he'll get something like a hand slap. Possible a $100.00 fine plus penalty assessment (usually 70% of the fine), and three years informal probation. However, he may want to go so far as to take the matter to trial. His best offers will be made shortly before trial. Since his case and the other guy's case are different that will require the girl to come and testify at two trials. She's not going to want to do that. Especially since your son was doing what she perceived as a favor. This whole thing is going to be very embarrassing for the girl. So she's not going to want to testify against someone in her social circle.

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Answered on 5/15/02, 12:11 pm
Victor Hobbs Victor E. Hobbs

Re: Penal Code 273a

The charges, if filed as a felony, will probably be dropped to a misdemeanor to encourage your son to plead guilty. So tell him to hang in there for awhile so that the deputy D. A. assigned the case, gets a handle on the case (understands the facts).

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Answered on 5/15/02, 12:15 pm


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