Legal Question in Criminal Law in California

My 16 year old son , who was 15 at the time back in December 2015, is being charged with a misdemeanor violation 422, by the D.A. who picked up the case. Him and his ex -girlfriend where going through a kind of nasty break up and this was his first relationship, but unfortunately he texted a stupid message a long the lines of killing her and himself if she did not stay with him he really never had any intention on doing so he wasn't even in town when he sent her the messages and she has sent messages that are threatening before but my son of course deleted his messages and we can't get them because we have no contract phones. Then about a 4 weeks later she sends messages to my daughter telling her she tries to text my son everyday how can she get a hold of him he won't talk to her, because by this time we told him don't even talk to her ignore her from now on after the cops were called plus he was already over it, well she didn't get the answer she wanted from my daughter so she started texting me "tell your bitch ass son to quit threatening me" , I guess to get some type of reaction from us but we never responded, then just the other day she texts him wanting to hang out he told her he couldn't he wasn't around. We have to go to juvenile the end of July, the DA is wanting to give him a year in correctional facility he has no criminal record and he is not the only guilty one here it takes two.

Asked on 7/19/16, 8:51 pm

1 Answer from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, I am surprised that the DA wants a year. You should contact a criminal defense attorney and go over all the facts and let the expert tell you how to proceed. I wish you and your son well. David Wallin

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Answered on 7/19/16, 9:18 pm

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