Legal Question in Criminal Law in California

Re: Do I need legal representation?

It is difficult to say whether you are in significant legal trouble because your information cannot be correct.

You cannot be charged for using inappropriate words as it is against your first amendment rights. However, you can be charged with PC 422 terrorist threats. The only difference between the two is that in the terrorist threats you have made a threat of physical violence.

You might not believe that you did but the police are taking it from the victim who probably said you threatened them. If that is your charge better hire an attorney.

In regard to your friend, he/she needs an attorney because they are probably being charged with PC 245 (assault with weapon). This is a very serious charge and needs quality representation.

Finally, you can wait for a public defender to handle your case but there are two problems with that strategy. First, a judge can take you into custody at the arraignment if he/she chooses to do so.

Secondly, you are fighting an uphill battle because the public defenders react instead of being proactive. It is not their fault as they are too busy and do not meet you until you are already in court so it is too late to do anything positive to protect you at that time. So, I wouldn't wait for the public defender if you can hire good competent counsel now.

Greg Rizio

909/781-6500