Citrus Heights, CA asked in Criminal Law and Appeals / Appellate Law for California

Q: You have a man w/a head wound .A man w/a hand wound. A broken glass bottle ...who would be the likely aggressor?

A-The man picked up th bottle w/his head & cut the mans hand?

B-The man cut his hand on broken bottle while hitting man in th head?Or breaking bottle? My son was assaulted, taken by ambulance to ER(8 stitches)then jail,charged w PC245(1)(A)&PC422.Son has schizoaffective disorder.No meds for 4 days.quarantined 14 days.NO ph Calls.Believed he was setup. Son refused a PDef.Said "he represents himself".A PDef was appointed,A hearing set. Judge said "Ill notice Faretta hearing at next courtdate". At next court date son took plea deal. Pled Guilty to Pc 245(1)(A)!! PC422&aPC 245(A)(4) were dismissed in trade for the plea. He was the VICTIM! He told me he "had to take the deal,had to get out of jail before they did something to me.If Im the one w/a head injury but am the one in jail being charged w assault ..Id never win in court cuz theyd never believe me". 5/30 is 60 days for a direct appeal. What is the best option to try and right this wrong?Can it be ?

Sac. County Ca

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info necessary.

a lawyer would have to read the police report and not speculate.

you need to set up an appointment with a criminal lawyer in your area who would have to move to set aside the plea. That is not always easy. The judge goes through admonitions asking if that is your plea? were you forced to enter into it or are you doing it freely etc etc?

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