Legal Question in Criminal Law in California

Do we need attorney for a first offense?

My husband is 29 years old no prior convictions. He was charged with PC 594 (B) (1). He went to a guys house who ran me off the road and 5 men came out of the house with a gun. My husband is very gun safety so he got mad and the guys got scared and went in the house. My husband then kicked in the side of one of their cars maybe 5,000 at the very very most in damages. The DA offered 45 days in jail and 3 years probation anger management classes and pay fine. PD said DA will not reduce offer. Will it help to get an attorney or will it be a waiste of money? If we go to trial will the DA offer him something better in hopes of avoiding a trial?


Asked on 7/03/09, 12:18 am

3 Answers from Attorneys

Karen Olson Attorney at Law

Re: Do we need attorney for a first offense?

It never hurts to try. If you can afford the money it takes to hire a good criminal defense attorney then I would highly recommend that you do so. Your chances of getting a better outcome are greater with a privately paid attorney. The reason being, that a private attorney will devote more time and energy in your defense by focusing on your specific case. A public defender has hundreds of cases to shepherd through the system in any given week and accordingly will have only limited time to deal with your matter.

Read more
Answered on 7/03/09, 5:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do we need attorney for a first offense?

1. Your husband's public defender *is* an attorney.

2. The D.A. generally doesn't mind going to trial. She is unlikely to sweeten the offer merely to avoid a trial, though she may do so for other reasons. If the P.D. thinks she won't, he's probably right.

3. It is possible, though by now means certain, that a privately-retained lawyer will be able to negotiate a better deal.

Read more
Answered on 7/03/09, 8:36 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Do we need attorney for a first offense?

The answer depends on how you would answer this question...Are you satisfied with the result the P.D. has negotiated(assuming there was any negotiations), or would you like to attempt to get a better result ? Like my mom told me a long time ago...If you don't try, you're sure to fail.... As a Former Deputy District Attorney and Certified Criminal Law Specialist, I believe if any attorney can get you a better deal.....WE CAN.. No attorney can guarantee a result....the State Bar forbids it. What I guarantee is hard work and every possible way to get the best disposition will be exhausted on your behalf. We have done that for all our clients for almost 20 years now. Check our website out and see all the cases we have been able to get TOTALLY DISMISSED. www.wallinlaw.com... Thank you David Wallin

Read more
Answered on 7/03/09, 12:38 am


Related Questions & Answers

More Criminal Law questions and answers in California