Legal Question in Criminal Law in California

pc 245a

my sister is in jail for assault with a weapon her bf would beat her up and she never did anything about it till yesterday she hit him and hurt him ,now she is in jail she gave a written statement without and attorney isn't that bad. isn't that against 5th amendment?help please her court date is tomorrow i don't know what to do?


Asked on 1/29/09, 10:47 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: pc 245a

She needs an attorney. If she can't afford private counsel, apply for the Public Defender. If she wants to hire private counsel, feel free to contact me.

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Answered on 1/30/09, 12:42 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: pc 245a

If her Mom and Dad didn't teach her not to talk to the police, it's too late now. It might not be too late to hire a real lawyer for her, although the day before court is not the time to go looking for a lawyer.

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Answered on 1/29/09, 10:52 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: pc 245a

If she waived her 5th Amendment rights, then the statement can be used against her. If she was not advised of her rights Miranda rights or did not knowingly waive them, then a lawyer can move to have her statement excluded.

Even if the statement comes in, there may be a defense depending on the facts of the incident and the details of her statement.

She needs to speak to a lawyer ASAP. If she can't afford one, she will be appointed a public defender.

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Answered on 1/30/09, 12:48 am


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