Legal Question in Criminal Law in California

Emd

My fifteen year old grandson is being charged with two strong armed robbery counts because a boy said he took his hat and skateboard at the mall. My grandson said he is innocent. He has no prior record and claims he was a witness to others taking the boys property. Yesterday we appear5ed in front of the Judge with the public defender was offered a plea bargain which in court the DA withdrew because she said there was going to be a new DA. The judge felt my grandsons posture and pants were too baggy she yelled at him allowed a two week continuence and order my grandson to not leave the house for two weeks and ordered a electronic montoring device. Why?


Asked on 6/25/03, 6:41 pm

3 Answers from Attorneys
David Diamond Diamond & Associates

Re: Emd

GIVE US A CALL TO DISCUSS FURTHER. Larry Wolf

310 277 1707

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Answered on 6/26/03, 1:41 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Emd

It appears that your grandson is being tried as a juvenile and not an adult. This is important as the punishment he is facing is much harsher as an adult.

You should discuss with his public defender the theory of the defense. A conviction for robbery has life time affects, which may become worse in the future.

The statement that the person should be judged by their personalty and not their looks may sound great, but it is seldom applied. He needs to understand that the judge has a limited time for each case and will make a decision quickly. Thus the clothing he wears are extremely important as he will be judged by the expectations of the judge in the court where he appears.

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Answered on 6/30/03, 1:06 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Emd

The alternative may have been to take him into custody and set bail. The judge must have had a reason to fear that your grandson is a risk for flight or that he is unlikely to show respect for the authority of the court. As such, he ordered the house arrest.

Your PD should have at least argued against it.

Tell your grandson to dress more appropriately for court. It's not a fashion show. Dress in a conservative manner that shows respect for the court.

I know people shouldn't judge a book by its cover and all that, but I can assure you that it's always in your best interest to try and conform your clothing to what is typical in court. I'm not saying you have to go buy a suit; but it's probably a good idea have him pull his pants up and wear a belt.

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Answered on 6/25/03, 7:59 pm


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