Legal Question in Criminal Law in California

deals DA problems

why do DA offer wobbler deals in an arson case. this case has nothing to do with insurance. im a fireman who supposivly has a co-defendant that is saying i told him to light the fire. he plead out he was a minor. the only ''evidence'' is this kids testimony. the DA is saying i orcistrated it. i know i didnt. this is a small rual town. i was the only black firefighter there. this was a fire to a structure that i responded to with the volunteer dept. i got no money or anything for suppressing the fire. the fire was in october 2005. the case is still going on the DA cancelled my trial date that was in june of this year. ive been in and out of court for nothing but appearances and postponements. can you give me some idea as to what may be going on.


Asked on 6/30/08, 4:17 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: deals DA problems

The co-defendant's testimony is perfectly valid evidence. It may be inaccurate, but so could other types of evidence. If the prosecutor believes him, he has sufficient basis to charge you.

Prosecutors have broad discretion when it comes to making deals with one co-defendant to testify against another. If I were prosecuting an arson case with two defendants of whom one was a firefighter, I would be more eager to go after him than the other guy -- especially if the other defendant was a minor. I see nothing wrong with the strategy.

That you received no money for battling this fire and that there was no insurance involved are relevant facts but not nearly enough to block the prosecution. Arsonists act on a variety of motives, many of which do not involve money. Ruling out particular motives does not eliminate you as a suspect.

That you are the only black firefighter may shed some light on what is going on, or it may not. If the D.A. believes you are guilty, your minority status should have no bearing on whether or how he prosecutes you.

I hope you have a lawyer working for you by this point. If you don't, get one right away. This is much too serious to try to handle on your own.

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Answered on 6/30/08, 6:26 pm


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