Legal Question in Criminal Law in California

My daughter is mentally ill schizophrenic/bi polar. She was having an episode this day and was confused. The DA wants to charge her with 1st degree burglary with a strike. The DA said she stole a bottle of water. This is her story. " I was tired so I walked home to lie down. The door was locked so I climbed through my bedroom window and lied down. I heard a noise in the other room. I opened my door and walked to the kitchen. I saw a women and asked her if I could help her. She said, "This is my house." I was confused and told her that I thought it was where my family lives. We sat down and started talking. I asked her for a glass of water. She said, "In the frig." She is a recovering alcoholic and understood what I was going through. She called the cops when she heard me climbing through the window but she doesn't want to prosecute. The cops came and I went to jail. This lady wrote a letter to the DA saying she doesnt want to prosecute." Tanya was incompetent to stand trial. Sent her to Patton now she is competent to stand trial.

Isnt there different law for the mentally ill? And what is a good defense to help my daughter? Her public defender said the DA might give her a lesser charge. What would a lesser charge be?


Asked on 5/22/16, 4:08 pm

1 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, I can tell you that the DA can reduce to anything that they want or dismiss the charge. For a Burglary, one must have a specific intent that seems to be lacking. Your public defender should know that, but PD's have 15 to 25 cases a day, and usually cannot take the time neccessary, to really put together a meaningful defense. I would advise you to seek private counsel that practices in the specific courthouse where your case is being heard. This is a strike and a straight felony, and very serious. Do NOT plead guilty, based on the facts you have given, without seeking out an excellent private criminal defense firm. I wish you well. David Wallin

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Answered on 5/22/16, 4:38 pm


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