Legal Question in Criminal Law in California
Carrying a concealed weapon while on probation
My boyfriends in jail for carrying a concealed weapon in los angeles county. He is currently on probation for a GTA over a year ago. Other than that and a DUI in Texas, he has NO criminal history. Although he was named in a Gang Injunction 10 yrs ago when he was 16. Now in addition to the concealed weapon charge, they are charging him with a Gang Enhancement and offered him 7 years which he turned down. I am not sure what exactly this means or what kind of penalties it carries. His public defender was trying to get case dismissed as he had proven that 2 of the officers lied in thier report. However, this last court date the public defender spoke to my boyfriend less than 30 seconds basically telling him they are looking at 7+ years now. Even though the gun was registered to his uncle who admitted to the police that the gun had fallen out of his back pack when my boyfriend had given him a ride. No one can seem to reach his PD to find out what is going on. How does he go about getting a state appointed attorney?
1 Answer from Attorneys
Re: Carrying a concealed weapon while on probation
He HAS a state appointed attorney now. He could try requesting a new PD, or simply request a sit down conference with his PD. Other than that, he can hire private counsel if he isn't happy with what he is being told. I'm sure he can find someone that will tell him what he wants to hear. He should be listening to the reasons the PD is telling him the offer is reasonable. He can always go to trial and risk full term prison time if he is that sure of his defense strategy.
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