Legal Question in Criminal Law in California

Re: Violation of Section 422 of the California Penal Code

The 2/19 court date is your son's arraignment. That is when he is formally charged with the violation of pc 422 and he enters a plea. The maximum sentence for that charge as a misdemeanor is 1 year jail, but he may get no jail whatsoever, especially if he has a clean record. He will enter a "not guilty" plea on that date and set a pretrial conference date so that his attorney can start building his defense and/or working out a plea bargain with the prosecutor. Your son can either have a public defender appointed to represent him, or hire a private defense attorney. I am available for a free consultation at (800) 458-1488. Good luck.

Re: Violation of Section 422 of the California Penal Code

If your son and the person who is complaining about him have a history of making mutual threats that are never carried out, I would think your son would have a good defense to this charge because he could argue that the complaining witness had no reason to take the threat seriously. This looks like a tempest in a teapot but the charge is serious so your son should get a lawyer and not attempt to handle this by himself. If he cannot afford a lawyer, the court will appoint one. In the meantime, it is highly advisable that he have no contact with the person making the complaint. He should not discuss the case with anyone except his lawyer.

Re: Violation of Section 422 of the California Penal Code

You have two options: one you can get a public defender to represent your son or you can retain one.

Self defense is a possibility.

Depends on the overall facts. It is too early to lock yourself into a defense right now.

Consider calling me tonight at my office. I can answer your questions for you.

The appearance on the 19th is called an arraignment. There the judge will ask how he pleads. Guilty or Not. It is really just a court administrative hearing.

You will not litigate the facts of the case there at all.

It is a time for the opposing attorneys to meet and simply set a calendar with the court for dates to litigate the case.

You should have many defenses available to you. Just remember, the case is not about what you believe but about what you can prove in court.

Make sure you retain an attorney who knows how to do a proper investigation and preservation of the evidence.

Re: Violation of Section 422 of the California Penal Code

Initially take the court appointed attorney. It appears your son has a very defense able case. So don't panic. At the arraignment plead not guilty, or ask for a continued arraignment. Two young studs should be allowed to threaten each other without criminal charges being filed. However, California has rapidly become the home of the limp wrist and weak kneed young men. Some insults will lead young men to retort and spew violent rhetoric. The mutual threats is your best defense. Normally the District Attorney will not consider filing a criminal complaint against the victim. However, it would be helpful to collect the names and written statements of witnesses that have personal knowledge of the threats by the other party against your son.