Legal Question in Criminal Law in California
My 22 year old son was arrested last night for felony vandalism of a car. He is no previous record, is a good kid.
What is our next step?
5 Answers from Attorneys
My first recommendation is to consult with a criminal law attorney in your area as soon as possible. Most will provide you with a free consultation.
The first step of the process is for your son to be arraigned, at which time he will plead guilty, no contest, or not guilty. It is important to consult with an attorney as to the particular facts of your case to determine how to plead based on the strengths and weaknesses of his case. Oftentimes, the prosecuting d.a. in the arraignment court will offer better deals at the arraignment phase; the punishment for the crime will increase from there.
Vandalism can be a felony or a misdemeanor - just because they arrested him for a felony doesn't necessarily mean they'll file felony charges against him, but it depends on the facts of the case and the dollar value of the damage they claim he did.
You don't say if he's in custody or out awaiting a court date. If he's in custody, he'll be going to court tomorrow for his arraignment. They will inform him of the charges against him and either set bail or perhaps release him without having to post bail.
If you're looking to get him out sooner, you can contact a bail bonds agency. They'll charge you 10% of the bail amount to post a bond for him.
But most importantly - he needs a criminal defense attorney. That attorney can walk you through all the things I just discussed - from posting bail to defending him in court.
First, if he's in custody, have him call bail commisioner on phone from lock-up. In all likelyhood, he would be released on own recognizance, meaning you wouldn't have to pay bail. If he's out of custody, see an attorney quickly in or near your area. Most give FREE consultations, so its in your son's best interest to go over all the facts with a highly qualified attorney. Bottom line is your son should try to get a misdemeanor or a dismissal of the charges on this case, if possible. He might be able to get a dismissal by way of a civil compromise, if all parties can agree to that. If you want to speak with me on the telephone for a FREE consultation, I would be more than happy to give you my advise. I wish you and your son well...David Wallin
Promptly hire him an attorney, who will be able to argue for reduced bail or OR at the first court appearance. If you can't afford private counsel, then have him apply for the Public Defender at his first court appearance.
The general rules and instructions:
When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then get an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.
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