Legal Question in Criminal Law in California
My 18 yr old son has no criminal record but violated a restraining order and was arrested and bailed out. The restraining order was filed by old friend at school and when he was arrested he never made any contact with said ex friend. His intent was to visit girlfriend at school however he was more then aware of consequences. My question is should I retain a lawyer or allow public defender handle this for my son and how likely is it that he will get probation vs jail time
2 Answers from Attorneys
While there are some very good public defenders as a general rule you are better off with a private attorney. (Of course I am a private attorney.) What the sentence ends up being, I cannot predict. In part it depends upon how good the attorney is.
He is facing criminal charges that could put him in jail. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc.
You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, 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 fight and get the best outcome possible, using whatever defenses and sympathies there may be.
If you can't afford private counsel, then apply for the Public Defender.
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