Legal Question in Criminal Law in California

Misdemeanor Battery

My son (28 yrs old) just today pleaded guilty to a misdemeanor battery charge. His public defender was fired by the judge 2 weeks ago (due to her failure to provide adequate counsel over the past several months). The new PD told my son (after taking 10 minutes to read the paperwork) that he thought he would loose in court, possibly going to jail for 6 months. I have a couple questions now. Can we hire an attorney who would actually ''believe'' in my son (we have witnesses the DA would not even talk to), even though he accepted a plea bargain today? Also my son volunteers with children, I am concerned that he will have to disclose this conviction (and potentially not be able to work with kids). Lastly, please advise if he is able to own rifles/guns. He has a couple antique guns, and does skeet shooting?

Thanks!


Asked on 7/31/07, 2:27 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Misdemeanor Battery

If he has already pled and been sentenced, the case is over, unless he wants to spend 'substantial' money appealing it, assuming he had grounds to do so. You don't get 'do overs' in court, or life, just because you're not happy with the consequences of your decisions.

All convictions must be disclosed on applications for child care positions, among others, and some convictions would bar his contact with children, probably not this one. It is up to the employer/agency to decide if they will accept him with a conviction on his record.

The court paperwork will tell him if he is barred from gun ownership by the court, but for simple battery it is not likely that state and federal law would automatically do so. He'd better get an accurate answer to that question, because if he is barred and is found with a gun it is both a federal and state felony with mandatory prison time. If he wants to consult with me to get that answer, call.

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Answered on 7/31/07, 1:51 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Misdemeanor Battery

He needs to change his plea to not guilty immediately hire an attorney. Contact me directly.

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Answered on 7/31/07, 2:26 pm


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