Does my husband need a lawyer if he was accused of attormpted grand theft auto? 9 Answers as of June 23, 2011

My husband and his friend and I were walking through our apartment building. They got into an argument with another resident over loud music. The resident then went upstairs and called the police and said we had a gun and were trying to steal his car. The police came and did not find any weapons or tools. I asked them to fingerprint the car to show that none of us touched the car but they refused. They took some witness statements and pictures of the car. They then took my husband and his friend to jail. His friend was charged with attempted grand theft auto and my husband was charged with attempted grand theft auto and robbery. The friend was released 2 days later on a DA reject. He then received a subpoena for the preliminary hearing. Do you think they will take him back into custody? Do they have enough evidence to proceed? Does my husband need a lawyer at this time?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
To answer your first (and last) question, anyone accused of a serious crime should have an attorney. If you can't afford one, take the Public Defender. Once released, people are usually only taken back into custody if new circumstances warrant it. Based on your account of the events, the case should never have been issued. Since it was, though, I assume that the police reports contain more evidence then you've mentioned here. If not, then it sounds like your husband has a good case. But I have the feeling it's not so simple. You need a good attorney. Feel free to call me if you'd like.
Answer Applies to: California
Replied: 6/23/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Certainly your husband needs an attorney as robbery is a very serious charge. Anyone can be charged with a crime. Now the DA has to present enough evidence to support the charge. I don't know what evidence the DA thinks they have but it is time to mount a defense. If this case is in the Sacramento area (or surrounding counties) we would be happy to assist.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No, he could simply plead guilty and go to prison. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. If charged, raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/22/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Absolutely! Your husband needs to retain counsel immediately. These are very serious charges and, from what you have stated in your query, it seems as though these charges have the potential of being reduced. Contact my office if you have any further questions.
Answer Applies to: California
Replied: 6/21/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The first court date on a case is the arraignment. The next court date would be preliminary hearing If he is told to go to the prelim then he is going as a witness. if going to the arraignment he needs an attorney.
Answer Applies to: California
Replied: 6/21/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes. He could incriminate himself if he were to testify even if he thinks he is helping himself.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    I cannot possibly answer your question, as I don't know the contents of the statements made (or self-incriminations). As for needing a lawyer, you better hire one for him before he incriminates himself further!
    Answer Applies to: California
    Replied: 6/21/2011
    The English Law Firm
    The English Law Firm | Robert English
    Yes, you need a lawyer. This is a serious matter and you need to have skilled counsel ready.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    I do recommend getting an attorney and doing is ASAP. The reason being the sooner you have an attorney, the better defense he/she can build. Feel free to call me with any more questions and a free case evaluation.
    Answer Applies to: California
    Replied: 6/21/2011
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