Legal Question in Criminal Law in California

Tell us exactly as nearly as you know, what the wording of the threat was. And tell us what county this case is in. Then we can maybe give you a meaningful answer.

Since he's already been arrested, it's the standard advice:

1) SHUT UP. He shouldn't be talking to anybody about his case except a lawyer. That applies to phone calls to home, too... his calls from the jail are being recorded and can be used as evidence in court.

2) If he can't afford to hire a lawyer, sit tight until his court date and ask the judge to appoint the public defender to represent him.

I've seen many families spend thousands of dollars to bail someone out when they would have been released the next day at their arraignment. Unless it's worth a few hundred bucks an hour for him to get out of jail, the money would be better spent hiring an attorney.

Penal Code 422, criminal threats, is a very serious offense. It can be charged as either a misdemeanor or a felony... and a felony conviction is a "strike" under the California Three Strikes law.

California Penal Code 422, provides for making Criminal Threats and is a very serious charge. It is not something to take lightly! Your question provides very few facts and therefore it is difficulty to give you any meaningful information. I do not know, how old your brother is, where the incident took place, what was the message they claim your brother made and a number of other things that are very important. However, your brother needs an attorney. There is no question about that. I suggest you start looking for a criminal defense attorney. Ask friends, and anyone you know for a referral and interview at least three of them. If you can not get referred to an attorney, call your local county bar association and ask them for a referral from the attorney referral list. If you can not afford an attorney, the court will appoint one for your brother. Your brother needs to NOT talk with anyone about the case except his attorney. I mean anyone under any conditions. If he is in Jail there is absolutely no expectation of privacy anywhere. He needs to be quite. Good luck

All the attorneys above are correct....get a qualified criminal defense attorney. It sounds like there may be some facts that would lend themselves to a good defense. This is the crime de jour for the D.A.'s office. The same words I use to say to people 30 years ago now lands you in jail. In my experience, most of these cases are B.S. Words that no one really takes seriously are now felonies. Most of the people I've known in the D.A.'s office for 25 years don't care too much for these charges unless there is reason to take them seriously. Get a lawyer. David Wallin

Defend the charges, just like any other criminal defendant. Hire an attorney who will properly use whatever defenses and evidence he has in motions or at trial. If he can't afford private counsel, apply for the Public Defender. If this is in SoCal and he is serious about hiring counsel, feel free to contact me. He should use his money to hire counsel, rather than pay a bail bondsman just to quickly get him out.