Legal Question in Criminal Law in California

My husband was arrested for assault with a deadly weapon, burgalry, and assault under color of authority. This is his first time ever being arrested. He is also a Federal Correctional Officer. The people he had this incident with were all drinking and smoking weed under age, The police officers were called 2 hours after the incident, but didn't show up until 7.5 hours later. Also they didn't even talk to the guy whom the incident occurred with until after my husband was arrested. He was arrested on the word of the guy's girlfriends mother and sister, who weren't around when anything happened. Is there any possibility that the charges can be reduced so that he doesn't lose his job?


Asked on 10/09/10, 10:31 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Anything is possible� from a complete dismissal of all charges to a conviction and a lengthy prison sentence.

However, you aren't going to get any meaningful advice from a stranger on the Internet. This site is fine for quick answers to specific questions, but your question is kind of like looking on the Internet when you're having a heart attack instead of calling 911.

Your husband needs the best lawyer he can get. Since this sounds work related, maybe his union can help.

There is also the possibility he will get fired even if he isn't convicted.

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Answered on 10/14/10, 11:04 pm
Terry A. Nelson Nelson & Lawless

Possibility? Sure. Likelihood? No one can tell you that without knowing all the facts, evidence, testimony, etc. Even an arrest, without conviction, could get him fired.

What can he do? Defend the charges. Go to court, enter a not guilty plea if appropriate, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.

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Answered on 10/15/10, 10:36 am


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