Legal Question in Criminal Law in California

is there any way???

The police were called because two men were doing a graffiti on the roof off of a freeway. the boys saw the police and ran to the other side of the roof. the police got onto the roof and the boys were not there they found a back pack full empty paint cans. after they climbed down they searched the area and found a boy under a tree on some one elses property very close to the building. he had on his person a silver marker in a bag and he had silver pain on his hands. from the time they found the him from the time he was found was about ten minutes. the other boy was never found. in order to get from the roof to where the boy was found all of the police said it was too far of a drop and the boy was completley un injured. also the witness officer says that the boy apprehended was not the one seen on the roof. although there are 2 very big and noticable graffitis new to that night. the boy found has several a coupled priors one of witch was thrown out eary that morning. in sf. Fightable?


Asked on 3/11/09, 10:05 am

1 Answer from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: is there any way???

Everything is potentially fightable . . . with the right lawyer.

There are many circumstantial facts that hurt, but the lack of injury and the eyewitness' statement that this boy wasn't on the roof help. Mere presence is not enough to convict. (Paint on hand may tip the scale beyond mere presence - but that could be from previous incident.)

If this is juvenile case, then the chances of getting a not guilty is greatly reduced. In juvenile court trials are called adjudications and they are heard by a judge. Judges have a lower standard of reasonable doubt. If the "boy" is an adult, then you have a better shot with the right jury and the right lawyer.

An experienced local criminal defense lawyer can tell the client what to expect after the client explains the entire story in a confidential interview and the lawyer reviews all the evidence.

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Answered on 3/11/09, 1:02 pm


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