The answer to your original question is yes, first degree can be dropped. However, there are a myriad of other charges the State will most likely try to pursue. Many of these cases are won on the facts, and you should consult an experienced criminal defense attorney immediately.
The defense is not permitted to present evidence at a Preliminary Hearing. In addition, the State can skip the hearing by taking the case to a grand jury. If there is a Preliminary hearing, your son should not go there without a lawyer.
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Your son needs an attorney to represent him given the serious nature of the charges. If he cannot afford a private attorney, he should contact the Public Defender right away and no later than 10 business days before trial or they will not represent him.
Do not post any details on AVVO since this is a public forum. Have your son consult with an attorney at once. No one can tell you what will happen in the case based upon the information provided.
Do not assume the fact that your son was smaller will make a difference. Print the photos from Instagram.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
Yes, it is possible, but it is also unlikely.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.
All of this will make a difference, and yes the charge can be dropped at the P.H. stage. In fact, if this is a citizen complaint and we can successfully show that the tall guy is full of crap, the entire case could potentially be dropped at that stage.
Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered legal advice or an attorney-client relationship. For actual legal advice, please contact an attorney for a (usually free) in-depth consultation where your entire situation can be evaluated.
Your son needs to hire a criminal defense lawyer now. The earlier his lawyer raises the prosecutor's attention to the weaknesses in the prosecution's case and the strengths of your son's case, hopefully the sooner your son's risk exposure can be reduced. All the best. Jon
None of my comments on AVVO's website constitute legal advice. It is only food for thought for matters to address with a qualified laywer. My website's disclaimer page at http://katzjustice.com/disclaimer.htm applies to all my answers on AVVO.com .