Will i need to get my husband a lawyer or will the public defnder be fine for a 245 and gang enhancement ?

Asked over 2 years ago - San Jose, CA

my husband is being charged with a 245 (mettle pipe) and gang enhancement he is born in Mexico and i want to know how can i get help for him or what could i do. the victim and the security from the appartments were this happend are accusing him. My husband was with his friend and his friend was the one who did everything but the security and victim are still saying it was also my husband. i also want to know that if they accuse him guilty around how time does this charge carry ? Also, will there be a chance he gets deported and we have a daughter born in the USA will that help his immigration status??? Please help thank you !!

Attorney answers (5)

  1. Slavik Steve Leydiker

    Contributor Level 15

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Public defender's are very good at what they do. They are in the court everyday, know the prosecutors and judges, and have the resources available mitigate the damage. Otherwise, you will need thousands of dollars to retain a private attorney.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more
  2. John M. Kaman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The attorneys who perform the role of public defender in Santa Clara County are excellent; I know many of them personally. I would be happy to have one defend me on the criminal charges BUT they are not immigration lawyers and your husband's charges, if proven, will have immigration consequences. You need to line up an immigration lawyer before the charges are proven to work with the PD for the best result.

  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

    4

    Lawyers agree

    Answered . PD's are fine. They love their job. A private attorney wants to do good a job for their business so they USUALLY are more zealous.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  4. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Lawyer is always the better option because of the time they can spend. Unfortunately, the Public Defender is really busy and can't (not that they don't want to) spend as much time on your case as a private attorney could.

    There are a number of fine attorneys on here that you should at minimum consult with.

  5. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . He should try to obtain a private criminal
    Defense attorney if he can afford it given the severity of the charges and the possible immigration consequences.

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