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my son has been charged with criminal threats,robbery,petty…

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my son has been charged...
my son has been charged with criminal threats,robbery,petty theft and second degree bugulary. he went to court today the person who he was suppose to threaten (store owner) was there to testify. the da asked him did he ever feel threaten by my son and he said no and he said he never feared my so because he knew him and knew he was harmless. the da read the police report and in the report it says that the store owner feared for his life and that my son said that he would shoot the store up, burn the store down and kill the owner. when the da read this the store owner says he didnt say that the da showed him the report and he says he doesnt remember saying that and that again he did and does not fear my son. the da then stated to the store owner that while waiting in the hall for the case to be called that the store owner told the da and the cops that he was afraid of my son and feared for his life and the the da asked him that on the stand he says he didnt tell him that. we go back 3/23
Submitted: 8 years ago.Category: Criminal Law
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Answered in 4 minutes by:
4/10/2010
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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hi

 

well, i think the judge is concerned there was "victim intimidation" and that someone who knows your son told the store owner they will harm him if he testifies any differently.

 

victim intimidation in itself is a crime and if your son was charged with that, even though he did not directly intimidate the victim, the time would be greater.

 

additionally, the sentence for all the charges, if he were convicted carry 30 years and up. so the DA is offering your son a deal that he probably should not refuse.

 

 

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Customer reply replied 8 years ago
well the store owner says the only one he fears is the police. the police want my son because he lives in a rough neighborhood where there are alot of gangs and they say my son knows alot of gang menbers. and each time my son get taken to jail its a da reject and the police dont like that this time the police told me they are going to get him. but the store owner to the da that people threaten him all the time because of the area and that why he carries a gun he is not afraid. i asked the store owner if any of my son friends have been in the store he says yes but know one says anything about my son. so if he gets 2 years will he do the whole 2 and mybe he can think while he is there.
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

i am sad for your situation. but it really does add credence to the judge's thought process in the matter.

 

he will serve 50% or 1/2 which would be one year - but that is only if he behaves in there and does not get any good conduct credits taken from him. if he acts out or gets a ticket, they will take his credits and then the time will be more.

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Customer reply replied 8 years ago
well this was just the pre lim we go for his plea on april 23 we will see another judge and da why this. as they have a pi going to question the store owner and cashier. if they do get a statement and they still say that the were not afraid will that lighten his sentence any and what about the robbery and second degree burgulary. i saw the tape and he never touched or hit anyone and on the tape it shows him inthe store he grabs a bag puts in cookies ,chips soda and other things all under 70.00 no weapons. how can they say robbery and second degree bugulary i see petty theif. the store was open for business
Customer reply replied 8 years ago
how can he be charged with robbery and second degree burgulary. also this morning before court the store owner told me himself that he did not fear my son but he does fear lapd since they have been threating his business
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

he can be charged with it all because those charges all pertain to the instant offense. that always happens and gives the DA a leg up for a plea deal such as the one offered to your son.

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Customer reply replied 8 years ago
so it would just be better to not go to trial and just take the plea bargin . the da said so far 2years but we are going to see if he can get one year and a take classes for his anger this will be his first conviction. he had a public defender at first but she said it would be months before she got to his case and he was facing seven years so thats why he got an attorney i knew he would get some time but i just hope it not more than a year or two.
Customer reply replied 8 years ago
you say it all goes together but they all didnt take place at the same time. the suppose criminal threat took place on one day and the next day when he came in the store he was in the store of about 30 min talking to his friend the cashier and then he got a bag and took some items. thats when the police were called .
Customer reply replied 8 years ago
well we will try for a year he just wants to start his time and get it over he doesnt want to go to trial it may end up worst. at least this way without going to trial the attorney and the da can negotiate his deal and all is not lost he can do his time and hopefully come out a better person. thanks and can i give you more money you have ans alot of my questions i just thought i only had oneSmile
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

i think if the DA is going to make a deal of two years, that is great. as i said, they always "over-charge" so they can have something to work with. i understand what you are saying about your son's intent and involvement. but, unfortunately, it is not viewed that way by the DA

 

under CA Penal Code 459, burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony further, the state does not need to prove that the defendant succeeded in stealing or committing a felony; it must only prove they intended to

 

if the amount of the items is under $100, the penalty for the misdemeanor is up to one year in jail

 

petty theft is basically shoplifting, and that carries a possible 6 months to a year

 

criminal threats is the most serious of the three. and this can be held as part of a 3-strike law. that means that if he is convicted of the felony and he later is convicted of other crimes, this can be held against him and lead to life in prison.

 

as it stands on a first offense, CA Penal Code 422 makes it illegal to make criminal threats - this is a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened. this carries up to 3 years on a first offense.

 

therefore, you need to make sure that this is not a conviction. that the criminal threats is dismissed. and that he is getting the two years for the misdemeanors.

 

you can ACCEPT any or all answers.

 

thank you

 

 

Samuel II
Samuel II, Attorney at Law
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Customer reply replied 8 years ago
hello again what happens at the pretrial??? we went to a bail hearing the bail was reduced the da didnt like that and the judge stated that my son doesnt have a criminal background and from what she see with all the evidence he will walk with petty theft. he has been in jail for 2 month he goes to pretrial on may 28th . i got a lawyer but i didnt get him out so he could get credit if convicted. what to feel about the outcome. thanks
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

what he has was a bond hearing. if he can post that bond he will be released. the timed served may be applicable at a later date. note, that if the bond is posted, many times the court will not allow a public defender citing that if he can afford a bond, he can afford a private attorney. so be cautious.

 

a defendant will be released on bail only if the judge determines that he does not pose a threat to any person or the community. the amount of bail set depends on many factors, including the likelihood that the defendant will return for future proceedings and the nature and circumstances of the charged offense, along with any criminal history.

 

if he fails to report for a subsequent court appearance, there is a forfeit of the amount of the bail, and also may be arrested and then punished for the failure to appear

 

as to his next court appearance, a judge reviews the evidence against the him to make sure there is probable cause to believe he committed the offense - the next step will be an arraignment.

 

at the arraignment, the judge reads the charges to the defendant, and the defendant must make a plea of guilty or not guilty - if he pleads guilty, the court will not accept the plea until the judge fully explains to the defendant the consequences of such a plea and the maximum penalty provided by law.

 

if it is a plea of not guilty, the case proceeds to trial.

 



Edited by Samuel-II on 5/18/2010 at 2:50 PM EST
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Customer reply replied 8 years ago
no he has been through all of the above the bail was reduced i didnt bail him out we are going to a pre trial hearing on may 28 trial is set for june 11 i need to know what happens at the pre trial i did get a lawyer . the judge reviewed his case at the bail hearing and she stated that from what she was reading he will just get cahrged with petty theft.
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

i explained at that pre -trial he will have to say guilty or not guilty. here is the procedure

 

1 the state has to present any and all evidence to sustain the charges against him

 

2 he will say guilty or not guilty

 

3 a judge will explain the consequences of both after determining if there is enough evidence to sustain the charges the state wants to bring and prosecute

 

4 the state can offer him a plea to the lesser charge

 

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Customer reply replied 8 years ago
so even though he has been charged with criminal threat,robbery,petty theft and comerical burglary some of the charges can be dropped at the pre trial.also if it does go to trial will the victim and the cop be brought to to trial.
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

that is correct. that is one of the reasons, apparently, the judge gave a reduced bail because he must feel the evidence is not there for anything other than the petty theft. if he goes to trial, all witness could testify.

 

 

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Customer reply replied 8 years ago
this is my last question. if he just gets petty theft how much time is he looking at he has been in jail for 2 months this is why i didnt bail him out . so he could have some time served if he took a plea or was found guilty. this is his first time in jail and i hope his last the da was talking state prision but the judge says she doesnt like sending anyone to state prision unless really necessary. so how do you feel he may come out. thanks
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

it carries a penalty of up to 6 months.

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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