Legal Question in Criminal Law in California
My boyfriend was charged with 4 counts of 288a(b)1 and 1 count of 261.5c. He is now 21, but this incident occured 2 years ago when he was 19. I was wondering what was the minimum and maximum sentencing if he was convicted. These charges were considered felonies. Also, he had turned himself in and gave a confession since he was called by a private investigator, can he he take his confession back? He has no priors.
3 Answers from Attorneys
Not sure why a private investigator was involved, he turned himself in and voluntarily confessed,??? If it was voluntary he's probably not going to take it back especially if the PI was not working for the police and that woud not even h ave to be voluntary...
Don't worry what he will get, worry that he gets an attorney.
Do not talk to him about the case unless you want to be called to testify against him
Each count carries up to a maximum of a one year sentence for the charges you list. Each count is a "wobbler" which means it can be charged by the prosecutor as either a felony or a misdemeanor. I agree with Mr. Green that your boyfriend needs a lawyer.
The 'private investigator' was a DA associate investigator acting for the prosecutor.
A little free advice that is now too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Now he gets to attempt Motions to Suppress Confession.
When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. 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.
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