Legal Question in Criminal Law in California

Re: Ca 246.3/pc/f

What your brother needs is an experienced criminal lawyer. He is facing a 5 year sentence if his probation is violated, and most likely he will not be given bail pending the outcome of the probation violation. If the DA's case is weak (if they have little or weak evidence that he discharged a firearm in public), he may be able to settle the probation violation for the time he's served since his arrest, and be placed back on probation, rather than sent to State Prison. So the fact that he can't bail out may work in his favor, giving him more "time served" and increasing the chances of a settlement. However, all this depends on the strength or weakness of the prosecution's evidence and the strength of his defense, and cannot be evaluated without knowing a great deal more than you've told us. If you'd like to, I would be happy to discuss this with you more fully. Feel free to contact me. Good luck. Steve Mandell

Re: Ca 246.3/pc/f

Whether he can 'win it' depends upon the facts, evidence and testimony the prosecutor has, and upon the alibi, evidence and testimony your brother has in his defense. You said nothing about those things. Whether he can get bail depends upon his record and his connections to the community. Bail on this charge shouldn't be too high with a clean record. An attorney can certainly request O.R. release or reduction of bail, using whatever facts are available to persuade the court. That discussion with the court will happen at arraignment, so don't delay in getting him counsel. Feel free to contact me if serious about hiring counsel to represent him.

Re: Ca 246.3/pc/f

You really need to get on top of this and start searching for an attorney. You need a criminal defense attorney. Since your brother is still on formal probation this could cause his formal probation to revoked and he could end up serving the time on the charge he was put on probation for. In your question you have assumed a lot of facts which may or may not be correct. They may have witnesses who identify your brother as the person discharging the firearm. You do not know what they have or why they are pursuing the matter. Stop all the guessing and put your energy into finding your brother an attorney. Good luck

Re: Ca 246.3/pc/f

If there is no evidence then he should be found not guilty after trial. Contact me directly.