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

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. Best answer

    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, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.


  2. 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 your situation depending on the facts.


  3. 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.


  4. 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. 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.