He'll get an attorney and he and his attorney will figure it out, that's what will happen.
Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
If he was in custody at the time it will make his attorneys job much easier.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
First, it appears that you have discussed the case with your friend and that he may also be incarcerated. I would caution you against discussing anything about the case with your friend while incarcerated, either by phone or during visiting. Anything your friend talks about will be recorded by jail staff, and if beneficial to the prosecution, it will be used against him. While incarcerated he should only speak about the case with his attorney!!
If he was in fact incarcerated at the time of the alleged offense, there will be records to indicate such, and his attorney can present a legitimate affirmative defense .
Becuase he was out on bond when the alleged new crime occurred, there may be additional issues involved; specifically the District Attorney may charge an enhancement for a violation of California Penal Code 12022.1, committing a felony while released on another felony case.
Your friend is facing SUBSTANTIAL penalties and his attorney will need to thoroughly investigate his case.