Los Angeles, CA asked in Criminal Law for California

Q: Can someone fight a wilful cruelty to child charge even though their gulity?

My X son in law hit my daughter & I head on in a stolen vehicle knowing his baby was in the car then he takes off so we made a police report they issue a warrant for him a few months go by he gets arrested they charge him with assault with a deadly weapon with would be the car he hit us with & they also charge him with wilful cruelty to child not to mention at the time of arrest they catch him with a counseled weapon (gun) & he's a active gang member now his mom wants to bail him out get him a lawyer to fight the charges my main concern is can he even try to fight the wilful cruelty to child?

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

A: Our criminal system is based on what the state can establish through evidence in court, and not whether certain persons believe the defendant is guilty. [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
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Even if someone is guilty of a crime, including wilful cruelty to a child, they have the right to defend themselves in court and present their case. In the criminal justice system, the prosecution must prove the defendant's guilt beyond a reasonable doubt. It is essential to consult with an experienced criminal defense attorney who can assess the specific circumstances of the case and provide appropriate legal representation for the accused.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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