Legal Question in Criminal Law in California

mY HUSBAND IS BEING CHARGED WITH ROBERRY . HE HAS NEVER BEING ARRESTED AND DOESNT HAVE ANY PRIOR RECORDS. i FEEL THAT HIS DA IS NOT FIGHTING FOR HIM, CAN YOU ADIVSE ME OF WHAT HE SHOULD BE SENTENCED WITH.


Asked on 11/28/09, 10:04 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

His DA (District Attorney) is not going to fight for him because DA's job is to convict him.

If your husband doesn't have a lawyer, you should hire a criminal defense lawyer immediately. Otherwise, he might get a Public Defender, if he can't afford a lawyer.

He can be advised by a lawyer after a lawyer had a chance to review his case (which is impossible to do on this public forum).

Note: The above response is provided for legal information purposes only and should not be considered as legal advice.

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Answered on 12/04/09, 12:02 am
Robert Marshall Law Office of Robert L, Marshall

Note that the person who posted the answer above is not a California attorney.

Your husband has a very serious charge. The sentence for robbery starts at two years in state prison and can go up from there, depending on factors like use of a weapon, whether the robbery happened in a home or at an ATM, whether anyone was injured, if there were multiple victims, if the robbery was gang related and many more. It is listed as a violent felony, which means it is considered a strike under the Three Strikes law.

You have apparently confused the District Attorney, who prosecutes crimes, with your husband's Public Defender.

Public Defenders ARE criminal defense lawyers who are paid by the government to defend people who can't afford to hire a lawyer themselves. Most public defenders are pretty good lawyers, but they tend to have lots of cases. On the other hand, some private lawyers charge big bucks but aren't very good, and some charge cut-rate fees but make up for it by taking more cases than they can handle.

I don't know what you mean by his public defender "isn't fighting for him." Depending on the evidence, there may be little his lawyer can do for him; it may also be a case where the only option is to take the case to trial and let a jury decide.

Your husband's current attorney -- whether it is a public defender or someone you hired -- has access to all of the evidence against him and is in a much better position to answer questions than a stranger on the Internet who knows nothing about the case.

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Answered on 12/04/09, 12:44 am
Terry A. Nelson Nelson & Lawless

DA's don't fight for him, they are prosecuting him. I'm sure You meant his PD, public defender. If he is not satisfied, then he can hire private counsel, or he can ask the PD office assign him a new one, but they don't have to. Only his attorney can give advice or opinion on the outcome. No one else knows all the facts.

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Answered on 12/04/09, 2:43 pm


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