Legal Question in Criminal Law in California

Okay. Uhmm... I'm being accused of committing first degree robbery & first degree burglary around Christmas of 2008, and I was taken to jail on the 26th of February this year. They asked me questions and I said nothing, so the only thing that "links" me to the crime is DNA on a pair of pants that were found way away from the scene of the crime. This is the first time I've been charged with a felony, but it seems like they're making this extremely difficult for me. I feel I've learned quite a lot from my experience in there, about how unjust so many things are. I was hoping that they were simply trying to "scare" me, or cause me to want to accept a guilty plea bargain or something. But I did 66 days and did not get out until recently.

I honesty can not even begin to tell you how absurdly unfortunate this whole series of incidents have been the past four months of my life. The deal they're trying to give me currently is two strikes for three years or one strike for five years. If I take it to trial and lose, I'm looking at 11 freakin' years. To me, that's basicly death. Actually, that's incredibly far worse than death. Chances are I'd probably be killed within the first few months anyway, seeing as how I don't fit in with ANYBODY, I'm only 19, look pretty damn girly, and I'm generally interested in anime, video games, and alchemy. Now, if I felt my "court appointed attorney" was doing a good job then I wouldn't be seeking advice elsewhere. And believe me, I have good reasons for not trusting this guy. But anyway, moving on...

The problem is.. this is my life, and things are looking bad for me. My great grandparents, grandmother, & mom have spent so much money already. My bail was set at $200,000. My next court date is on the 25th, just in a few days. It's supposed to be the date when I set my preliminary thing. It's frightening just showing up to court, knowing that I could just be arrested again for God knows what reason, and then being utterly screwed for no reason. What can I do? I can't really afford a new lawyer. Some of the only good things about the case are: that nobody was touched or hurt, the suspect's face was masked, the description does not match mine, someone else fit the description and was arrested shortly after but was released due to lack of evidence, two pedestrians saw the suspect unmasked and when presented with a photo line up they excluded me saying something along the lines of "definitely not that guy", the victim said the suspect only had a kitchen-like knife although it was not found, everything stolen was found abandoned and was returned, I've completed one semester at college, and I may have two senior citizens and two teenage friends that can serve as a witness to my being present in their home at the time the "home invasion" occured. Also worth noting is that their home is a considerable distance away, being miles, but on the same side of the city.

Besides that, there is nothing else I can think of at the moment. I'm just horrified at all this has ruined for me. It's crazy how easily your life can shattered, just because some asshole detective would rather throw someone away rather than find out the truth. Even if anyone were to give their true statement, they'll thoroughly warp it, and present their summary as quotes of truth. So do you think that the case is strong against me? Do all the possitive things add up enough? How do I know if the DNA is false or if they're bluffing? If they had substantial evidendence against me, what took them so long to bring me in for it? I'd very much appreciate any helpful responses or possible solutions to my crisis! And thank you for reading that mess.


Asked on 5/19/10, 1:27 pm

1 Answer from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

First, you should NOT post this much detail (dates and specifics of crime or evidence seized) on the internet. It would be relatively easy for the DA or cops in your jurisdiction to identify you and use this against you. This is a public forum. You need to talk to a lawyer in a private confidential meeting. Do NOT post any more details or statements here. It will only come back to haunt you.

Second, this is a big deal. The fact that you may be innocent or that there is "only" DNA on a pair of pants that they are presumably able to connect to the crime only makes it more of a big deal. Your offer - either option - has long term consequences that you should not be too quick to dismiss. Having two strikes on your record sets you up for a life sentence.

Third, if your court-appointed lawyer is not doing what s/he needs to do to protect your interests, you need to address that right away. Depending on how legitimate your complaints are of your lawyer, you may be entitled to another court appointed lawyer. If you two just have a communication problem, now is the time to fix it. If you have money (doesn't sound like it), you can always hire a lawyer. But don't assume that just because you pay money that you are getting a "good" lawyer, you still need to do your research and understand what the lawyer is offering you and what kind of reputation your lawyer has.

Fourth, identification cases have a way of getting stronger as they go - people who originally did not think you did it will start to believe that maybe it was you, people who tentatively identified you will begin to feel more confident in their belief that it was you. By the time trial comes around, the eyewitnesses may be acting like they recognized you instantaneously. You need a lawyer who knows how to litigate eyewitness identification cases.

Fifth, there is much more a good lawyer can do to substantiate an alibi rather than just rely on the testimony of friends, whom the DA will portray as liars.

Do yourself a favor, sit down with your lawyer and find out or not he's working for you. If you decide he is not, contact me and I'll walk you through some things you can do try and get another court-appointed lawyer.

Good luck,

Deirdre

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Answered on 5/24/10, 3:27 pm


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