Legal Question in Criminal Law in California

Re: self-defense question

The issue of self defense will be part of the trial. In fact the D. A. will bring in the jury instructions and none will cover self defense. The defense attorney is expected to bring in these instructions. When the party being accused is brought before the magistrate for the first time the issue of the amount of the bail will be raised. The matters that will be involved are the individual's danger to the community and flight risk, and is the amount sufficient to secure the individual's attendance at the trial. The first two will be determined by the nature of the crime. The constitutional imperative that the defendant is guilty until proven innocent is thrown out the window when the issue is the amount of the bail.

My guess is that since no one is going to get a fee from you, no one but me will answer any of your questions. So if you have any more questions don't hesitate to E-mail me.

Re: self-defense question

A person can claim self-defense from the facts as you have suggested. Bail is an issue that the Court must resolve based upon risk as to flight.

Contact me if you have any other questions.

Re: self-defense question

Regarding your questions of self defense.

From what I can gather the police actually witness one person using a gun against another. In what way is the use? For example, if I am waiving (brandishing) the gun in a threatoning manner, this can qualify as self defense and is believable given the circumstances that the other character also had a gun.

If the use was actually firing the gun, what direction was the gun aimed and fired at? Up in the air, in the dirt, to the side? Again, the use can be used to determine the actual intent of the person using the gun. They may intend to use it as a show of force, but not to hurt someone. This again is a believable form of self defense.

Maybe the gun was used in an accidental way. There have been murder cases won in which the person was pointing the gun at someone and threatoning someone, but then the gun accidentaly went off. This too is self defense or excuseable homocide depending on the facts.

The key is to be able to determine the shooters state of mind, or intent at the time the bullet leaves the barrel. Since we cannot crack the persons head open like a walnut and look inside to see if intent was present or not, we are left to speculate as to their real intent. There are many things that we can look towards in order to determine or guesstimate to this question.

You are limited only by your imagination.

I consulted with a friend for the movie Devil's Advocate with Keanu Reeves and Al Pacino. I would be willing to help you form a scenario for your screen play that is both provocative as well as plausible.

If you have any questions feel free to call or send an e-mail.

Joseph H. Low IV

(949) 251-0123

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