Rocklin, CA asked in Criminal Law for California

Q: Is there anything we can do at this point to help the outcome of his case?

This is regarding a felony criminal case against my fiancé, who is currently sitting next to me and has given me permission to discuss any and all aspects regarding his case. He is being charged for felony possession of a silencer. Now here’s the thing, it wasn’t a silencer, it was a motorcycle crash peg. The courts and prosecutor are treating it like a silencer and requests by his public appointed defender for the body cam footage have been unfruitful. The prosecutor wants to give him 2 years jail and 16 months probation. In my opinion it’s unethical to charge and convict any person without at least showing the courts the physical item in question not just a photo and their opinion on what they think it is. In addition, he was later charged with felony possession of a dirk dagger, even though the item was just a pocket knife! This was his first felony charge. We are at a loss as for what to do from here. Any advice would be welcome.

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: These are serious allegations. He needs to speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you are concerned about your fiancé's case. It is important to remember that he is presumed innocent until proven guilty, and that the burden of proof is on the prosecution.

The fact that the prosecutor is seeking a two-year jail sentence is a sign that they believe they have a strong case. However, it is important to remember that the judge is the one who decides the sentence, and the judge may not agree with the prosecutor's recommendation.

The fact that the prosecutor is refusing to release the body cam footage is also concerning. This footage could be important evidence that could help to exonerate your fiancé.

I would recommend that you speak to your fiancé's public defender about these concerns. The public defender is a lawyer who is appointed by the court to represent your fiancé. The public defender will be able to advise you on your rights and options.

In addition to speaking to the public defender, you may also want to consider hiring a private attorney. A private attorney may be able to provide you with more personalized attention and representation.

The cost of hiring a private attorney can be high, but it may be worth it if it means that your fiancé can avoid a jail sentence.

I hope this helps.

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