Legal Question in Criminal Law in California
can I be charged with a misdemeanor, then with no physical evidence be brought up on a capital offense?
3 Answers from Attorneys
Sure, if that is what happened. That is to say, there is no enough info to give a real opinion here ... but the short answer is yes you can, if that is what happened. Whether (or what) you are convicted of is another matter of course. Charges are not convictions.
Get a good attorney, talk to several local to where the case will be heard. Good luck!
CAN you be charged? Of course.
Can you be convicted? Depends upon all the evidence and testimony.
When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. 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 this and get the best outcome possible, using whatever defenses there may be.
Unless I'm missing something, the only capital offense left anymore in this state is a murder charge. If you're being charged with murder, you need to get an attorney right away.
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