Legal Question in Criminal Law in California
i have a criminal case. a charge for assault with a deadly weapon and great bodily injury, with a violation of my summary probation. They really dont have anything on me besides a bouncer at a bar saying that he recognized me when i wasn't even there that day...i was taken for the "victim" to identify me and she couldn't. how can i prepare myself to get this dropped if they really dont have any evidence that i was there with the victim also not identifying me?
3 Answers from Attorneys
By getting a lawyer. The authorities do have evidence of your guilt; you just don't know what it is. The evidence you know of is weak, but you don't know what else they have. It may be more than enough to persuade a jury you're guilty even if you really aren't. You don't know how to protect yourself from these charges, and you should not try to wing it when the other side has experienced counsel.
If you can't afford a lawyer, the court will appoint one for you. If you can afford to hire a private attorney, do it. The fee may seem expensive, but going to prison and having a record for the rest of your life will be much worse.
Good luck.
The best thing I can advise you to do is get a decent attorney. Your strategy discussions and legal advice should come from a secure setting, cloaked with attorney client privilege and attorney client confidentiality, and not by seeking free legal advice in a public forum.
CAN the case end up being reduced or dropped? Of course. Is that likely, just because you dispute the facts? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. If there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea, reduction or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel to help you in this, feel free to contact me.
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