Legal Question in Criminal Law in California

Terrorism Threats & Battery

My son was arrested for terrorist threats and battery. He was drunk and his 15 year old son told him he was gay and was in love with a 20 year old . He lost it and threatened to kill both of them and started to choke his son. His wife intervened, he threw her to the floor,his son called the police. He spent four nights in jail.

Even though he has never been in trouble before, a number of people have told him that he is definitly going to prison for three years regardless of getting a lawyer or not. He is currently being defended by the public defender.

The problem has been resolved between him,his wife, and his son. He had a complete mental breakdown and ended up in the hospital. He is going to therapy, to ''AA'', and counseling 7 days a week.

The Riverside Co. D.A. is pressing charges.

Would you advise him to get an outside attorney or is the Public Defender sufficient?

Thank You

George Morris


Asked on 7/14/02, 9:10 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Terrorism Threats & Battery

Thank you for your inquiry, and I am sorry to hear about your son. It's helpful what your son has been doing to resolve this situation. But I can tell you, as the owner of a firm that has done hundreds of cases before the Riverside County D.A.'s office, that the domestic violence D.A.'s unit is the toughest I know of with these types of cases.

With a good attorney, your son will receive a full review of all the facts involved in the case, and how those tie into factual defenses, all the relevant legal defenses, any necessary motions, more time to investigate the case, time to educate you and your son on the case specifics and options. Public defenders are fully licensed attorneys, but they are given often 40 cases or more per day, so they do not have a lot of time to go over specifics with you or do the extra work needed to get the offer improved, or the charges lowered, or dismissed.

I hope this answer helped you -- but if you have any questions, please feel free to email me, or call me toll free at 1-877-568-2977.

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Answered on 7/14/02, 10:50 pm
Terry A. Nelson Nelson & Lawless

Re: Terrorism Threats & Battery

If he is being told by his public defender that he has no chance of any other outcome, then he should immediately seek a second opinion from a qualified criminal defense attorney. The problem may be one of cost. If he qualifies for the public defender, can he afford a private attorney? Please feel free to call 714-960-7584

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Answered on 7/15/02, 12:25 pm


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