Legal Question in Civil Rights Law in California

my 17 year old brother was charged with attempted robbery they say he was trying to brake into a school but when they patted him down all they found on him was a lighter his wallet and smokes he has never been into trouble with the law before what kind of trouble can he get into and arent they to read you your miranda rights before they arrest you or handcuff you


Asked on 8/13/12, 3:43 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The charges actually filed by the prosecutor will determine how much ‘time’ and other penalties could potentially be imposed. In California, if convicted of ANY felony, you potentially face one or more years in prison, plus fines; This charge could carry from 2-7 years upon conviction.

You would have an evidence suppression issue to raise in a motion only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. 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, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I’ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 8/14/12, 11:35 am


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