Legal Question in Criminal Law in California

Re: Minor 16 charged for felony

First and foremost concentrate on the case against the minor...worry about collateral issues after the minor's case is concluded...mistatements, claims, etc...

Second, does the DA know this part:

...also the school records show the minor was in detention at the time of the fight.

And are there corroborating witnesses to the detention?

All are important issues to defense counsel and need to be investigated ASAP.

In juvi court detention hearings do not determine the truth of the charge for double jeopardy issues, but, when to facts turn out to be radically different thatn those at the detention hearing, some Judges do not look kindly upon those changes.

As in any situation, extrapolating demeanor into attitudes is difficult. As cimes of violence, gang issues, joint liability, incorrect/mistaken/false identifications are all very complex issues, You may wish to seek private counsel if it is within your ability to do so.

Best

DJM

Re: Minor 16 charged for felony

It is quite common for witnesses to the same event to remember it differently. The fact that there are witnesses who say the defendant wasn't involved does not negate the fact that other witnesses say he was. Prosecutors do not have to drop every case in which some witnesses say the defendant is innocent, and such a requirement would do far more harm than good. If the case goes to trial it will ultimately be the jury's role to decide what really happened.

A preliminary hearing is not a trial, so a mistake at a prelim is not a mistrial. Statements made in court by the D.A. are argument, not evidence, so even if the D.A. said something that wasn't true his statement likely didn't have any effect on the judge. If the D.A. is deliberately misleading the judge he can be punished for it, but such conduct is no reason to set the defendant free unless the evidence would otherwise have persuaded the judge to let him go.

Will you have a claim against the D.A. if he drops charges? No, unless he actually knows the minor is innocent but continues prosecuting him. D.A.s sometimes mistakenly prosecute innocent people, but if they had to fear being sued for honest mistakes they would be reluctant to prosecute cases unless they had solid proof of the defendant's guilt.

Besides, if the D.A. could be held liable after dismissing the case he would have a strong incentive not to dismiss. That clearly isn't what you want, and we as a society don't want that either. The law tries not to give people such perverse incentives.