Legal Question in Criminal Law in California

1 degree burglary

my son was arrested for burglary and he is on parole and has a strike for buglary charges. 3 suspects were involved 2 hispanics and 1 black male both hispanics were caught and the black male got away. The 2 hispanics were minors both minors gave a statement both minors said John was the driver the black male who got away 1 minor admitted to the crime and was taken to juvenile detention the second minor came back and changed his statement and said he lied the driver's name is'nt John its Paul we made John up while the police was chasing us He said I don't really know this guy the csi found apalm print of my son on the rear door handle of the car along with several other palm prints they fond a picture of my son in the database and then the victim who was robbed said she was 90% sure that my son was one of the suspect that's not beyond a reasonable doubt and the minor lied the first time so makes him not be lieing the second time as well. I feel my son was cross racially profiled because she could'nt identify the minor who lied but she was 90% sure that the photo she picked out in the photo line-up was my son and she is hispanic too. Can the statements the minor said stand up in a court of law he lied throughout the investigation.


Asked on 1/28/09, 9:37 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 1 degree burglary

That you aren't convinced beyond a reasonable doubt doesn't mean a jury will feel the same way. The evidence you describe seems sufficient to go to trial and to support a guilty verdict if the jury believes the evidence against your son. You have provided some reasons why the jury might acquit him, but those reasons aren't nearly enough to *require* an acquittal.

Your son needs a lawyer ASAP.

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Answered on 1/28/09, 4:06 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 1 degree burglary

The prosecution can of course attempt to introduce the minor's statements in trial and it would be up to the defense lawyer to attack them with proof that the minor had lied or said something different before during the investigation or any other time.

The best you can do for your son is to get him a good lawyer. Do not try to litigate the details of this case in your own head. It will drive you crazy.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/28/09, 6:39 pm


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