Legal Question in Criminal Law in California

Re: attempt murder

If you think there was insufficient evidence to even file these charges then you are not looking at the case realistically. You admit that your nephew was the driver, that he owned the gun, and that witnesses identified him. That's plenty of evidence to support the charges, and it's probably far too much to win a motion to dismiss. At least this means you can stop worrying about what might happen after such a motion is granted.

Whether the prosecution will be able to prove its case beyond a reasonable doubt is another question, but you shouldn't be too confident about the answer to that one, either.

You're right that a key issue in the case will be whether your nephew knew or should have known that something like this would happen, but you're wrong to insist that the only plausible answer is no. He brought a loaded gun with him, and the fact that his friend used it suggests that your nephew gave him access to it. That by itself doesn't prove the prosecution's case, but it will help. A lot.

Your nephew needs a lawyer right away if he doesn't already have one. He almost certainly needs independent counsel, since I doubt any lawyer could represent both your nephew and the shooter. After the lawyer reviews the evidence she will be able to advise him how to plead.

Re: attempt murder

Pardon my bluntness but you personally should not be doing anything other than calling around and interviewing potential lawyers. This is a very serious case and you do not want to take any shortcuts. Only a lawyer who is thoroughly familiar with the facts of the case can advise you or the defendant about best strategy and available options.

Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: attempt murder

First, your nephew needs an attorney immediately. He should not answer any questions without his attorney present and he should not talk about the incident or his case to anyone in jail or anyone other than his attorney.

I am at a loss as to your claims regarding his not having visitation rights or being able to make a phone call. There is something wrong or something else is going on. Whatever the situation is, an attorney needs to look into it right away.

As to your statement, regarding there being insufficient evidence to charge your nephew, with attempted murder. You could not possibly be more wrong. The facts you provided in your question and the way you stated them provide more than enough evidence to charge your nephew. You stated they found firearms in his home and that he was also in possession and carrying a loaded firearm in his car. That alone, indicates he wasn't simply going to the grocery store to pick up some milk. Is he licensed to carry a concealed weapon? or was he coming from the firing range? and did he have a gun lock box in his car to carry it? and was the gun removed from the lock box by his friend? How exactly did his friend come to posses the gun so he could fire it at people? You may or may not be correct when you state he did not know what his friend was going to do. However, his friend had to gain access to the gun somehow. In reality, unless you were there, you could not possibly know when his friend took possession of the gun or when he decided to shoot at people. You also could not know what your nephew knew or did not know. I am sure you trust your nephew but since you were not there it is impossible for you to have actual knowledge of what happened. Some other basic questions will be: why was there a loaded gun in the car? and does he always have a loaded gun in his car? and if he does, why?

There is good news, charging someone with a crime and proving they are guilty beyond a reasonable doubt are two different things. To answer your question about a motion to dismiss, it is impossible to determine without investigating the facts, if such a motion has a chance or not. However, based on what you explained in your question I doubt a motion to dismiss would be granted. It is important for you to understand that your nephew is in serious trouble and this is not a cake walk. Your nephew needs a good attorney and he needs the support of his family. The best thing you can do for him, now, is to help him find and afford a good attorney. Do not waste any more time, second guessing the law, or trying to figure out the law. Help find your nephew an attorney. If you are shopping for attorneys you are welcome to call my office. Good Luck