Legal Question in Criminal Law in California

A friend is being charged with kidnapping and robbery. The facts are he went to another city to do some side work with a plumber. The verbal agreement was for reimbursement of travel expenses, and $200 per day of work. My friend went to work for this individual twice. The first time he bought a train ticket ($60) and worked two days (should have gotten $460) and came home with $400. The second time, he worked 3 days, and this time the guy didnt want to pay him at all because of an argument. My friend foolishly made the man take him to his ATM and withdraw $600 for his 3 days of work. I say he "made" him by threatening to beat him up, there were no weapons involved. The city this occurred in has filed these charges. This friend has no money for an attorney so will likely be represented by public defender. He is currently in custody in a different county jail, but about to be sent to the other city for arraignment on this complaint, as there was an outstanding warrant for his arrest. My main question is, if I can convince his parents to hire an attorney, rather than wait to be appointed a public defender, is is possible provosts counsel can get these charges reduced/dropped beforehand so that my friend does not need to be sent from one jail to another, and be released on his own recognizance? Or would it be wise just to wait?

Asked on 8/26/13, 1:31 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Anything is possible, but what you describe sounds implausible. If your account is accurate, then your friend is guilty as charged. Since there are apparently also serious charges pending against him in another case, I doubt the D.A. would agree to any sort of deal that would let him out unless he posts a substantial bond. The court cannot order the charges reduced or dropped unless the D.A. fails to justify them at the preliminary hearing. I very much doubt that will happen.

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Answered on 8/26/13, 10:43 am

Zadik Shapiro Law Offices of C. Zadik Shapiro

There is probably very little an attorney can do at this point to get the charges reduced or dismissed before arraignment. If his parents have the money probably the best thing they can do at this point is bail your friend out. The bail can be posted in the county where he is incarcerated and he will be released when he completes his current responsibilities. Then he can report in court for the arraignment on the new charges.

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Answered on 8/26/13, 8:59 pm

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