Legal Question in Criminal Law in California

Burglary claim by 'Chickenhawk'

A 22 y.o. male relative of ours has

been accused of (and subs. arrested

for) Fel. Burglary by an aquaintence

of his.

His 40+ y.o. accusor claims he saw

(from inside) our guy opening his

window in an assumed reach for the

door lock and that he ''barely knew

him'' (yet pos. recognised on a

glance), it is unclear what supposedly

averted this 'attempt'.

Our guy says that the two partied

together numerous times at this

home and various clubs in area, that

the accusor has 'hit' on him for sex

after providing free 'party-

substances' , was subsequently

rejected by our guy and therefore is

making it up in spite.

There now exists a statement from a

common aquiantence that says they

knew each other ''well'', as our guy

claims, but also declares our guy's

excessive appetite for getting high.

Our guy is in-custody and his P.D.

says that that statement negates

trying to disparage the accusors

character and his testimony alone is

enough to convict and that the best

'deal' she can get him is a 'no-strike

felony' @ 6 mos. jail.

Am I alone in thinking this is

ludicrous ? Is the prosec. case not

weak ?

Any help appreciated, Thanks.

1 Answer from Attorneys

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