Legal Question in Criminal Law in California

First offense

My husband is 29 years old no prior convictions. He was charged with PC 594 (B) (1). He went to a guys house who ran me off the road and 5 men came out of the house with a gun. My husband is very gun safety so he got mad and the guys got scared and went in the house. My husband then kicked in the side of one of their cars maybe 5,000 at the very very most in damages. The DA offered 45 days in jail and 3 years probation anger management classes and pay fine. PD said DA will not reduce offer. Will it help to get an attorney or will it be a waiste of money? If we go to trial will the DA offer him something better in hopes of avoiding a trial?


Asked on 7/03/09, 12:14 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: First offense

Doing it yourself, you've already pushed the DA into making an offer you're not happy with. Whether an attorney could have gotten a better offer is unknown, but now trying to get them to improve it will be far more difficult than had the attorney been able to steer it from the beginning. It may still be possible to get a better offer if you hire an attorney, but highly unlikely without. The DA is not 'afraid' of you going to trial pro per. If this is in SoCal, and if you're serious about hiring counsel to try or to take it to trial if necessary, feel free to contact me.

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Answered on 7/03/09, 4:09 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: First offense

The public defender is for pleading guilty. If you're not guilty, don't plead guilty. Hire a lawyer and take it to trial. Your chances aren't bad, and a criminal conviction will haunt you all your days.

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Answered on 7/03/09, 1:00 am


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