Legal Question in Criminal Law in California
On a concealed not registered weapon in the vehicle charge with gang enhancements and street terrorism charges what would be the probability of beating the gang and terrorism charges if that evidence was weak, meaning a couple of field cards and also no prior record. This case has been going on for three years and has been dismissed once. Thank You
2 Answers from Attorneys
The defendant's attorney is in the best position to answer this question.
There is absolutely no way a competent criminal defense attorney would even attempt to assess the probability of conviction in a complicated criminal case based on two sentences. Any meaningful assessment would take a complete review of the entire case file, additional investigation and legal research.
I have tried gang cases, and I know that juries are often prejudiced and fearful just because the defendant is charged with gang-related offenses. An attorney in gang cases must be thoroughly familiar with the STEP act, which instituted the gang provisions in the California Penal Code.
"Beating it"? NO way of knowing without thorough review and discussion of all the facts and evidence on both sides. Even with all that, no way of predicting a jury verdict. You don't need an answer to your question, you need an attorney to defend you. Whatever opinion, hint or tip you might get here is meaningless to you. If it has being going on that long, that means there was enough evidence to convince the judge at PreLim to bind it over on those charges, and also means the DA believes he can convict or force a plea bargain. Harsh reality, not wishful thinking. Now, if serious about getting counsel, feel free to contact me.
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