Legal Question in Criminal Law in California

Re: son was arrested in costa mesa,calif. on sept 20 2008

You really should consult with a lawyer about your son's case. There appears to be some very interesting facts surrounding your son's case, but It would be impossible to tell you how strong or weak your son's case is until he provides all the facts.

Feel free to contact my office if you would like to discuss as we handle criminal cases in Orange County.

http://www.rpmcclurelaw.com/

Re: son was arrested in costa mesa,calif. on sept 20 2008

I need to correct an important editing error in my prior response. I wrote that the absence of a Miranda warning will "prevent the prosecution from using against your son any statements he made while in police custody." In reality, it will prevent them from using against your son any statements he made in response to police questioning while in police custody. Statements he made which were not in response to police questioning will still be admissible.

I apologize for any confusion my earlier response may have caused.

Re: son was arrested in costa mesa,calif. on sept 20 2008

If claiming innocence were enough to get charges dropped then no one would ever go to trial.

The lack of a Miranda warning is not a get out of jail free card; all it will do is to prevent the prosecution from using against your son any statements he made while in police custody. All other evidence -- like the counterfeit $50 bill he was carrying and any statements he made when he wasn't in custody -- will still be usable.

As my colleagues have said, your son needs a lawyer ASAP.

Good luck.

Re: son was arrested in costa mesa,calif. on sept 20 2008

Your son will need an attorney to present his situation to the District Attorney. He may be able to settle the case on a plea before it ever reaches the preliminary hearing. A private attorney will likely be able to give your son more attention than an appointed one. Feel free to contact our office if you are interested in discussing this matter further.

Re: son was arrested in costa mesa,calif. on sept 20 2008

Hi

Please call me so we can discuss, your son's case in detail. These matters are often plea bargained. Depending on the facts, I may be able to get him off with no more than a trespass.

Law Office of Allen Farshi

818.379.1777

Re: son was arrested in costa mesa,calif. on sept 20 2008

Unfortunately, only a judge or jury can render a final verdict on a criminal charge.

The role of your son's attorney will be to persuade the judge or jury to do the right thing.

Re: son was arrested in costa mesa,calif. on sept 20 2008

While the fact that your son has no other record will be helpful, it is impossible to say what exactly he is up against without knowing full facts of the case, for example, without knowing the contents of the police reports. I recommend retaining private counsel to get on the case right away to work towards dismissing or reducing charges prior to the first court day. In the alternative, you can get a public defender. However, you cannot get a PD before the court date.

Having a lawyer involved early could mean a great deal of difference to the outcome of the case, not to mention it might be a lot more economical for you. For example, perhaps charges could be reduced to misdemeanors right away. It would mean a world of difference.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com