Legal Question in Criminal Law in California
wrongly accused -- false statements
Tim sells short bag of weed to a minor. minor tells older brother about it & wants older bro to go talk to Tim. Tom and Aaron go over to Tim's house, are invited in. Tim immediately jumps up and points a gun at Tom & Aaron. Tom & Aaron simply went over to talk about the weed. Tim is convinced to put the gun away & Tom then pulls out his gun on Tim so Tim couldn't shoot them as they were leaving. Neighbors call cops cause of noise. Tim reports that Tom & Aaron did home invasion and robbery. Tim is clearly a drug dealer and cops don't care. I spoke to Dectective Grant & he specifically state to me that he believes that Tom & Aaron didn't do anything wrong but they had run amuck long enough in his town & he was going to see to it that they ''went down'' for this. Tim was high & witness stated so at prelim. Tim's testimony was so contradictive. Aaron's atty said he did not prepare for trail cause he didn't think it would get to that point due to lack of evidence. The trial is four days away and I want to know what Aaron's choices are at this time. Aaron & Tom are looking at 8 to 15 years for something they didn't do. Tom was in possession of a gun he's an ex-felon. Aaron was just there as a friend. Please help, A's mom.
1 Answer from Attorneys
Re: wrongly accused -- false statements
There is nothing that you can do over the internet. With only 4 days before the trial it is very late to commence preparation for trial. If possible you should get the opinion of another attoreny regarding his case. He could request a Marsden hearing in court. At the Marsden hearing he could ask about the prepartions for trial. If there are witnesses ask if they have been interviewed. Also has an investigator talked to the neighbors to determine if there are witnesses. If that has not been done then he has not received effective assistance of counsel.
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