Legal Question in Criminal Law in California

My son was molested at age 13, he is now 21 (we just found out); mentally he is 17 or 18 years old at best. He texted, soliciting a 13 yr old boy (when he was 20) then realized the situation and stopped the communication. He was arrested & released on bail. Trying not to have his (molestation) situation happen to another he began trying to counsel other kids. While doing that (out on bail) a mother exaggerated his intensions and text to a neighborhood friend age 13 (he's know for 6 years) and had him arrested. Because of his prior arrest his bail is set at $1 MM (actually $1.45MM however the other charges were thrown out by the DA). Can anyone help him? I'm not sure his public defender has the time to try to keep him out of prison; I know he is just another "case" to him. I want the best for my son (but being out of work) financially. Since there was no physical contact, can he avoid jail time and conviction and receive the mental help he needs.


Asked on 9/07/09, 7:23 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Public defenders are often misunderstood and maligned, but they are attorneys licensed by the state bar, just like any other lawyer. They are paid by the county to provide legal services to people who can't afford to hire their own lawyers.

Like privately retained attorneys, public defenders vary in ability and work ethic, but most public defender offices have training programs and supervision. Many public defenders are far more educated on representing clients with developmental disabilities than their privately paid counterparts.

Attorneys are like doctors, plumbers or mechanics; we have nothing to sell but our time, so we can't afford to give much of it away. Most lawyers who get involved in charitable work do it through organized programs, not by taking on random clients for free.

Your son's public defender is probably a pretty good lawyer, but doesn't have as much time for personal attention as you might like.

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Answered on 9/07/09, 7:42 pm
Terry A. Nelson Nelson & Lawless

Can anyone else help him? Of course. The problem is that defending such charges and trying the case is quite expensive. Private attorneys charge for their services, and if you can't afford those fees, the Public Defender is paid out of our taxes for that purpose. TV shows are the only place you're going to find pro bono private criminal attorneys.

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Answered on 9/08/09, 1:18 pm


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