Legal Question in Criminal Law in California
My son 22 yrs old was a victim of a violent crime. A car load of men got out and beat him and stomped on his head after he was unconscious. Will the DA represent my son or should I get a private attorney to represent him during the Criminal trial?
4 Answers from Attorneys
The DA doesn't represent your son - they file the charges and prosecute those accused. You do have a right to get an attorney for your son to be his advocate if you wish.
The DA represents the state of California in enforcing its laws. Generally there is no need to have a private attorney to represent a victim in a criminal case. However, if there is any chance that your son may be asked questions, on the stand, the answers to which will incriminate him in any way, he should have a private attorney. Also, if your son is considering a civil suit against his batterers he will need a private attorney since the DA cannot represent him in a civil suit.
The D.A. represents the People of the State of California. He does not represent the victim in particular. The victim is not a party to a criminal case.
It's not clear why you want him to have a lawyer. Most victims don't need one unless they are planning to sue the defendants civilly (even then, they might not need one during the criminal trial) or are at risk of incriminating themselves. If that is what you're concerned about, then he should get a lawyer if at all possible. If he can't afford to hire an attorney, the court will appoint one for him.
The D.A. represents the state as indicated above. If you are thinking of getting a civil attorney to sue you may feel free to call my office at 818 345-0123. If you think you son committed a crime then he may want someone to advise him on that.
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