Legal Question in Criminal Law in California

If I have learned anything in my 28 years handling cases like yours, I know that EVERYTHING is negotiable. You need an experienced attorney who knows how to negotiate with the DA's office. As a Former DA, I have gone up against them ever since I left the office. As a criminal defense specialist, you have to reach a resolution that is acceptable to all parties, and that is an art. I wish you well..... David Wallin

Wow - your son is, as you know, in a heap of trouble.

Can things be reduced? Yes. Will they? That's another story. It depends on the facts.

Robbery Is a specific intent crime. While voluntary intoxication is not a complete defense, if he was so intoxicated that he could not form the specific intent to commit the crime of robbery it may be a defense. To be honest, that is a tough sell to a jury. It really depends on the fax (and unfortunately, we don't know all the facts as we discuss it here).

He absolutely does need the best criminal defense attorney he can get. When searching for one, make sure you are not lured in by hype, false promises, or inflated egos.

This boils down to the facts and what the prosecutor can prove while up against the best, most aggressive criminal defense attorney you can get. When I say aggressive, every attorney claims to be aggressive. It may come down to a soft handed approach to negotiate a reduction in charge. If not, the attorney should be ready to go to trial as well. You need to find that balance between an aggressive trial attorney and one who can negotiate on behalf of your son.

Very best of luck.

While anything is possible, whether it is likely depends upon a lot of facts, issues, etc .

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc.

You�ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors� evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much �time� could potentially be imposed. In California, if convicted of any felony, like robbery, you potentially face one or more years in prison, plus fines. Priors and strikes would add formal �penalty �enhancements� and affect the prosecutor and judge attitude toward you. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do?

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, 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. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.