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

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.

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

Posted

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.

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Posted

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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

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.

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Posted

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.

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Posted

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/sunday/go-to-trial-crash-the-justice-system.html?_r=0
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.

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2 comments

John M. Kaman

John M. Kaman

Posted

Thank you for the article Paul which I have posted on my FB page. If everyone insisted on their trial rights no one would get convicted. People are afraid to take this step in large part because they are guided by dump truck lawyers.

John M. Kaman

John M. Kaman

Posted

James I meant to say.

Posted

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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