Legal Question in Criminal Law in California

Re: probation violation,prison

Thank you for your inquiry, and I'm sorry about your son and the situation he now faces.

It sounds strongly as though your son needs a defense attorney to fight for his rights here. He has two others implicating him in a crime that he says he was not involved in, and potential evidence that can be subpoenaed or demanded from the prosecution that needs to be dealt with.

Yes, they can make the store or the DA turn over tapes, if they exist. You stated that his DA says he is going to prison for 3 years - do you mean his PD (public defender?). Three years may be the potential maximum here, but there is no reason to accept guilt for something he did not do.

If you would like an attorney to consult with or represent you, I'd be happy to discuss that possibility with you further. Please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can, and I wish the two of you the best of luck.

Re: probation violation,prison

If he is not represented by an attorney then he should immediately request that an attorney be appointed to represent him. If the public defender is representing him he can ask for a Marsden hearing and explain to the judge that the surveilance tapes have not been requested. Further the other two individuals are the only witnesses placing him inside the store. There back ground should be checked out. The individuals that they bragged to about burlarizing the Walmart store should be found and interviewed as potential witnesses.

Private counsel if you can afford it often obtains a better result because they have more time to investigate each case.

Re: probation violation,prison

He obviously needs an attorney to help defend him. There are facts and evidence a good attorney can use. If tapes exist, they can be subpeonaed. With possible prior 'strikes', he faces enhanced penalties if convicted. Contact me if interested in hiring private counsel. If you can't afford to do so, contact the Public Defender's office immediately.