Legal Question in Criminal Law in California
My son is 21 and decided to move to Calif from New Mexico. Ever since he's been there he has went down hill. On Sunday night he was arrested and charged with 2 counts PC484(A), 1 count HS11377(A), and 1 count PC459. I come from a family of CHP Dispatchers, Firemen Captains, and my Grandfather was the Chief of Police of Barstow. I don't know how to help my son with his situation. I have never been in trouble with the law. I cant even reach out to talk to my son. What is he facing as far as time? What can I do as a single mom who has one son in College and cant afford a lawyer. Should I leave him in jail and pray he gets the help he needs or should I loose the farm and hawk everything to help?
2 Answers from Attorneys
Wow. Sorry about all this.
As a first offender, he won't be treated that harshly, but it depends on the facts and circumstances of his case. Most importantly is the 459 (burglary) charge. If it is first degree (residential), it's a strike and cannot ever be reduced to a misdemeanor. If it is second degree (commercial or from a vehicle), that can be reduced. Same thing with the drug charge - that can be reduced as well.
Obviously, he needs an attorney. The public defenders get a bad (and probably undeserved) reputation. There are excellent attorneys in the PD's office - and some not so good ones, just as there are private attorneys. You just can't pick your lawyer if you get the PD. They are also horrifically overworked and have too many cases, so they may not be able to devote much time to any one case at its early stages. That's one if the advantages to a private attorney (assuming you don't get a cheap one that operates on volume and you're right back where you started).
You can certainly contact a few to discuss the case, representation and fees and make a decision from there. I know money doesn't grow on trees, but it shouldn't be a "mortgage the house and cash out the 401k" case.
Then again - I get the tough love aspect.
Best off luck.
As a Former Deputy District Attorney, who has been handling these cases for almost 30 years, you should at least call an experienced criminal defense attorney NOW. These charges will have serious consequences on his future, if convicted. Many attorneys like our firm, offer free consultations, so make a call. Many also offer payment plans. You do not want to leave your son in the hands of a public defender. They will spend up to 5 minutes on his case and scare him into a quick plea. Get a lawyer NOW.