Legal Question in Criminal Law in California

he is being charged with intent to sell he has 1 strike for a non drug related charge and he asked for a Bail reduction on drug charge. and also can he reuest a silient strike.

Asked on 11/20/12, 11:58 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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A defendant can ASK for anything he likes. What he will get depends upon the DA in a plea bargain with his attorney, or sentencing after trial if he loses. The charges actually filed by the prosecutor will determine how much ‘time’ could potentially be imposed. You’ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors’ evidence when appearing for arraignment at the first court hearing. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I’ll be happy to help fight this and get the best outcome possible, using whatever defenses and sympathies there may be.

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11/20/12, 1:24 pm
Joe Dane Law Office of Joe Dane
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Obviously, he needs an attorney. I can only assume he has one - either one the family has hired or the public defender since he's in custody and making a bail reduction request.

Without knowing any of the details of the case or his record, I don't know what's possible. There may be legal issues (search issues, Miranda issues, etc.) or factual issues (no intent to sell proof, etc.) that may get the charges reduced.

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12/07/12, 11:20 am

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