Legal Question in Criminal Law in California

My Step son is in Juvenal hall, for playing with one of his friend's friends, and jokingly told the kids to empty their pockets...

the one kid gave him his bus pass, and my step son gave it back and said, is that all you got? and then went over to the other kid, the other kid said, F.. u, you F'ing f@ggot!! and that kid pushed my son, and my son punched him.

the other kid ran over to the apartment community's manager and she called the cops and they arrested my step son. (he is 14)

the cops charged him with robbery and assault/battery.. (absolutely ridiculous charges if you ask me, we have all been kids and done stupid things, but does this really warrant to be arrested for??) but anyway, so now he is in Juvenal hall...

we had his first court appearance, the district attorney doesn't want to let him come home in our custody, because of these charges, but if you hear the story, is it really that bad? they were playing with those kids, because my son's friend knew them..

the justice system absolutely sucks! my son doesn't deserve to be in there.. is there any way, I can get him out?

eg, I thought you were innocent until proven guilty? How is this true if you are in locked up even before trial?

this means, you are guilty until you have proven yourself innocent, because at this stage, everyone is against him?!?

my wife has been in constant contact with the probation officer etc.. is there anything we can do to get him out before his next court date? we saw him in there the other night and he was crying and doesn't want to be there! my wife is in tears every single day! this is NOT fair!!!


Asked on 8/28/09, 1:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Describing his conduct as a 'joke' is doing no one any good. The police investigated complaints made by the victim[s], filed criminal charges they felt were justified and provable, and the DA agreed to prosecute because they felt they have a winning case. Now, get serious about reality. Your son's version of the story is obviously different than the victims'.

He can get out only by dealing with and defending the charges with whatever evidence and testimony he may have. You said nothing about having already hired private counsel or obtaining a public defender. If he doesn't already have an attorney after one or more court appearances, what are you thinking is going to help him?? If serious about getting legal defense for him, feel free to contact me to discuss the facts and costs.

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Answered on 8/28/09, 2:07 pm


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