Good Morning !! My son is charged with 2 counts of second degree 211 robbery and, 1 count of Atmp -murder on the 1 degree ,

Asked over 1 year ago - Murrieta, CA

They trying to give him 10 years with 85% ,2 strike's and he's only 18 years old ..on all the tape he seem he wasn't doing anything but standing there, .The DA was trying to get him with gang enhancement , But he is a college student @ saddle back college and this is what they came up with for my son life,I'm a signal parent and i don't have 10 thousand dollars for a lawyer,So can someone please guide me in the right direction, So my son want spend all these years in prison for his friends mistake and his too...Thanks Miss Montoyia W.

Attorney answers (5)

  1. John M. Kaman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Farina but would add that potential exposure on the attempted murder in the first degree charge is huge and could include life. If the DA is only offering 10 years to me that means he doesn't believe in his first degree murder case. Even so, as my colleague has counseled. this is not something that can be handled without an attorney. The public defender is an attorney although many people don't seem to get that.

  2. Joseph Salvatore Farina

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Since we are not able to see the police report and don't know the facts, we can't give you much. Due to your financial constraints, your son will get the public defender or conflict counsel. Although the tape shows him not doing anything, he could still be charged as an aider and abettor. That means that if he in any way aided, facilitated, encouraged or assisted in the commission of the crime, he can be charged with the same crimes as the person who actually committed the crimes. The fact that they want 10 years suggests he did more than stand around - maybe he was the lookout for the other person. Since this is a public site, don't post any details and certainly nothing your son may have said to you. Finally, be aware that the time the DA wants may be required by statute since all crimes have a set range of sentences.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mr. Farina and Mr. Kaman are correct. There is more to being involved in a criminal act than being the guy who has the gun and asks for the money.
    Attempted 1st degree murder 664/187 is life in prison
    2nd degree robbery is 2,3,or 5. Not sure
    If you cannot afford private counsel, son will have to have court appointed counsel

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Vijay Dinakar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with all my colleagues. There's simply too many factors involved in determining whether the deal offered to your son is "good or bad." This is may be a great deal or a terrible deal. When you say that your son was simply standing there, this doesn't mean that he was aiding or abetting an attempted murder or robbery. While a defendant's mere presence at the scene is not enough, the DA will argue that your son was acting as "muscle" or as a look out as is thus as guilty as the active co-defendant in the case. Whether that argument is supported by any facts is unknoweable without thoroughly examining the evidence in the case. Hopefully the attorney is having an investigator look at all possibilities and interviewing any exculpatory witnesses. If you truly can't hire an attorney the best you can do is attempt to diligently follow up with the public defender or appointed counsel to ensure that he/she is pursuing all potentially exculpatory witnesses. Good luck.

  5. Nicholas Maurice Rosenberg

    Contributor Level 14

    Answered . These are the types of cases that I handle regularly and I recommend that you contact an experienced criminal attorney near you to talk about your son's case. You may have more options than you think with a private attorney regarding payment options. Cell 818-404-3363 www.losangelesdefenders.com

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