Legal Question in Criminal Law in California

Arson cases are very serious. They are not only Felonies, but they are also STRIKES. That means any time one receives, the defendant will do 80 percent time and the Felony and Strike follows the defendant for the rest of their life. I don't know what the Public Defender is doing for your daughter to provide a defense to the charge, but normally Public Defenders don't do anything. As a Former Deputy District Attorney and Criminal Law Specialist, our law firm has handled many Arson cases. No-one can guarantee a result, but I know we do everything possible to get the best possible outcome in every matter. If you want to speak to me by phone, at no cost, please contact me at 661-267-1313 and I will be happy to go over all the facts and give you my analysis of the case and the direction we would take to try to obtain the best possible result. I wish you well...........David Wallin

That your daughter "didn't know the law about starting a fire in an apartment" is irrelevant. What matters is whether her actions amounted to arson, not whether she *knew* they amounted to arson. It sounds like they did.

You say that the judge offered her a deal, but that's not how it works. Judges have no authority to do such things in California. Only the prosecutor can offer a deal; the judge can then say whether she will go along with it, which she usually will.

Whether the case will be dismissed is also primarily up to the prosecutor. He can ask the court to dismiss it, and again the court will probably grant such a request. But a prosecutor who successfully argued for a high bail is probably not eager to dismiss the case unless something significant has changed in the interim. Nothing you have written suggests that there has been such a change in your daughter's case. I sympathize with the PD's belief that the case *should* be dismissed or that your daughter should at least be released OR in the meantime, but that does not mean either of these things is likely to happen.

The best thing you can do for your daughter is get her a private lawyer. Most public defenders are very competent but also very overworked. They simply can't give enough time to their cases. A good private attorney is more likely to have ample time. Not all private attorneys are good, though, so don't just pick the first one you find that proposes a reasonable fee.

Good luck.