Legal Question in Criminal Law in California

My boyfriend and i were at a bar when they wouuldn't serve him beer. (we were there the night before and no incident occured)the female bartender told the security/bartender to escort him out, but he kept saying he just wanted a beer. the security guy comes over with a couple guys behind him and tells my boyfriend to leave. another guy starts arguing with my boyfriend and hits him in the face. they argue a little more and evenytually we leave. my boyfriend goes back to the bar no more than 30 minutes later with his brother and friend and are there for no more than 10 minutes. we end up coming home after that and the next night theres officers at my house looking for him. we werent home so my parents let them in. (that was on a saturday) on monday we decide to go to the police department to find out what was going on. we didnt think it was anything to serious. the next thing we know officers are asking us questions. he is arrested for exhibit of a firearm and a criminal threat. he was never in possesion of a gun and the only person who claimed to see the gun was the security. the female bartender said she didnt see one. there are no cameras inside the bar. only camera outloooks the parking lot. the officers didnt find other witnesses besides these two people. My boyfriend does have a prior though. it was committed in 2002 but just taken care of in 2010. is there enough evidence for him to be proven guilty? his brother doesnt want to testify due to the fact he is on probation. can he get in trouble?


Asked on 6/19/12, 10:30 pm

2 Answer from Attorneys
Joe Dane Law Office of Joe Dane

There is a huge difference between enough to arrest him and enough to convict him. Without seeing all the evidence and reports, it's impossible to know whether they have enough or not.

Your best move would be to get him a lawyer. There may be defense investigation that can be done to persuade the DA to drop charges.

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Answered on 6/20/12, 6:52 am


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