Legal Question in Criminal Law in California

He should plead not guilty, at least until he has discussed his options with a lawyer.

Sometimes clients have asked me if judges will get mad if the plead not guilty at their first court appearance. The answer is "absolutely not." Defendants rarely plead guilty at arraignment, unless they have a lawyer who has already worked out a good deal with the prosecution.

Without reviewing all of the evidence, it's impossible for any lawyer to give meaningful advice. That includes a frank discussion with your son; often young people aren't completely forthcoming with their parents about the circumstances of their arrest.

There may be a way to get your son into a diversion program, where he would not have a conviction on his record if he behaves himself for a couple of years.

If your son can't afford a lawyer, he is entitled to an attorney at government expense and the judge will appoint a public defender to represent him.

Bob Marshall's answer is excellent, but I want to add that there are many ways to resolve a case. All of these ways require a thorough understanding of the strengths and weaknesses of the case which can only be determined by knowing all of the information about the case that the prosecutor is relying on. Some of this information will be given to your son's lawyer at the first appearance, and there may be more information to obtain after that. An example of this is whether or not the "victim" is even available and willing to testify against your son. There are many things that determine the relative strength or weakness of a case, and a thorough review of all the information can help to know how to proceed. If you'd like to talk to me, I'd be happy to meet with you and your son (or just your son) and discuss this more fully. Please don't hesitate to contact me. Steve Mandell 310 393 0639