Yes, A can defend themselves but A must approach this in fine detail. First A needs an alibi. Today alibi's are more plentiful because of the digital age. In addition, digital evidence is more believable by juries. BTW -- the fact pattern is very similar to an earlier burglary fact pattern in West Covina. I wish A the best.
for Fairness / for Your Freedom because sometimes good people get into bad situations.
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.
A needs to retain a very experienced and attentive criminal defense attorney immediately to evaluate all possible flaws of the criminal murder in the first case to fight the present charges competently. Why? Because it sure beats the alternative.
PS. Erase any public submissions that describe any alleged criminality as ANYTHING may be used against A or B in that criminal case.
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A would be wise in this situation to not defend himself. He should leave that to a professional. A should not speak to anyone about the charges, and if he is a victim of mistaken identity, or his whereabouts at that particular time with anyone except a criminal defense attorney. If A has not hired a good lawyer, he needs one ASAP. If he cannot afford an attorney, he should request to have one appointed to him. Again, it is extremely important that he say nothing to anyone, especially the police, about the charges or any potential alibi he may have.
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Sounds like someone is using this site for homework assistance.
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You (or "A") need to hire a criminal attorney asap. The attorney will make all strategic decisions in consultation and with the assistance of the client. The client will decide what plea to enter, whether he will exercise his right to trial, and whether to take the stand at trial (all with advise and counsel from his attorney). The attorney will retain investigator(s) to locate and interview witnesses, retain expert(s) to provide jury with testimony about subject that is normally outside common knowledge of a jury. These are the roles and responsibilities of the relevant parties in A's case. There's no point in you speculating about trial strategy at this point. Help A hire a good attorney. Good luck
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A needs to hire an attorney ASAP. This is a serious case that can be charged as a 245 or a 664-187 amongst other charges. This is not the sort of case that A should be posting about on the internet. A or A's family should be doing everything they can to retain an attorney for A so that someone can start reviewing the evidence and preparing a defense for A.