I was charged with Armed robbery in california at 18 and let go, what are my chances?

Asked about 1 year ago - King City, CA

I was arrested for armed robbery and gang enhancements when i was 18. The cops did a probation search of my house and found money in the exact denominations but found no gun. I admitted to the police of being in the town where it happened around the same time. i was in jail for a little bit more than a week and they let me go. They also did a traffic stop near the store where the 211 supposedly happened and found my cellphone. Is that enough for the DA to press charges?
Its been 5 months since i was arrested for it. The gang enhancements are added most of the times to people like me and im not a gang member. I live in california and i was on juvenile probation. Can i get better deals? how would telling the da that i want to go to trial go? I think i can get a better deal though.

Additional information

I'm planning on calling a lawyer and telling him everything. I'm starting to get paranoid. it was a pizza place that i supposedly robbed.

Attorney answers (6)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . These are great questions for your attorney. Many reputable attorneys offer a free consultation so I suggest meeting with a few to determine whether they can assist you with this specific issue and to determine whether they are someone you can work with. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Stephen Troy Allen

    Contributor Level 15

    10

    Lawyers agree

    Answered . I have cases similar without the gang enhancements.. The DA will typically file a robbery with a gun allegation enhancement which adds 10 years to the prison term. It is not something a judge can just "strike". Get an attorney asap and work this out. I would imagine the offer you received is in the double digits?! Good luck. And never speak to the police about timelines and where you were at the time. Let your attorney help you with that.

  3. John M. Kaman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Paranoia is total awareness. In KIng City with those charges you have reason to be nervous. The DA will not negotiate with you and, with that jury pool, if you go to trial you'll likely lose. You have to hire the best lawyer you can find. This is not the time to argue fees.

  4. Greg Thomas Hill

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . I'm unclear if the case was even filed. If there is no criminal complaint against you, there is no need to start negotiating deals or planning on trial. After all, it has been five months now and apparently, the case is still not filed.

  5. James Regan

    Contributor Level 20

    8

    Lawyers agree

    Answered . You are presumed innocent until proven guilty beyond reasonable doubt. Ask for the public defender next court date, or retain an experienced local criminal procedure litigation attorney to help resolve the matter if the DA files charges. Don't talk to the police.
    Go to Trial: Crash the Justice System http://www.nytimes.com/2012/03/11/opinion/sunda...
    Not contemplated by the Framers! The Devil’s Bargain: "95 percent are resolved by plea bargains." http://shar.es/xdVIY #cjreform

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
  6. Daniel S. Lamb

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I recently argued that a PC 211 charge lacked sufficient evidence to prosecute. Unfortunately, the standard for whether or not a DA has enough evidence to hold a defendant for a crime heavily favors the prosecution. All the DA needs is evidence to support a legitimate inference that you may have committed an armed robbery. The evidence you discussed strikes me as more than enough to support the charge.

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