Legal Question in Criminal Law in California

Nephew just got arrested today for being in the wrong place wrong time, his friends stole a phone and iPod . He didn't have nothing to do with taking anything. Please help


Asked on 7/20/11, 6:34 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The time to prove his innocence will be later. Your first choice is what to do right now.

Do you bail him out? If you go through a bondsman, they will charge 10% of the bail. If the charges are dropped or never filed, you still owe them that fee. OR... you could let him stay in jail until his arraignment date. If no charges are filed, he's out without you having to pay any bail money.

My suggestion? Contact a local criminal defense attorney to discuss your options. That attorney may be able to arrange a release without any bail being necessary if your nephew signs a written promise to appear.

These are all "maybe" and "if"... the exact charges they booked him for, the facts and his record (if any) will all factor into things.

Start by finding a local criminal defense attorney and actually speaking with someone before posting bail.

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Answered on 7/20/11, 6:41 pm
David M. Wallin Law Offices OF David M. Wallin

On those facts, all I can say for sure is, contact a qualified criminal defense attorney, in or near your area NOW. Most criminal defense attorneys give FREE CONSULTATIONS. Then you can go over all the facts that, you feel, substantiates his innocence, and the attorney can give you their opinion of how best to proceed. I wish you the best...David Wallin

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Answered on 7/21/11, 12:21 am
Terry A. Nelson Nelson & Lawless

Help will come by hiring a criminal defense attorney, and by posting bail if required, but talk to the attorney before doing so. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 7/21/11, 11:23 am


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