Is it possible to be charged with two gun enhancements? 2 Answers as of August 04, 2011Can one be charged with two gun enhancements? And the defendant has never had a gun possession. The defendant has been in custody since 2/13/2010 in juvenile hall; being charged with 9 felonies. He had just turned 17 years old. And he was also on juvenile probation. Due to seriousness of charges p.o. had to recommend he was fit to be tried as an adult. There was also a suspect #2 that fled crime scene but they get I.D. him by distinguished facial tattoos. The following day after my son arrest sjpd went out to make an I.D. on this suspect #2. They questioned his I.D., but were told not to make an arrest. This suspect #2 was also a parolee at large at the time. There were also two 17 year old girls involved in this incident one was a victim. This happened at a park at 1:00am. My son was identified due to he was the only one at the park hiding when he seen cop car. He was identified by both girls. They said he held a gun to them to Rob them of a cell phone. And supposedly he forced oral copulation to the victim and she stated he hit her and broke her nose. This happened at a small community park. No gun was found sjpd search until I presume 4:00am. The only thing in my son possession was his wallet, id, inside and ss card and $9.00 and his cell phone and charger. I told investigators I have receipts to prove it was my son cell. My son has been involved in mental health court before. In juvenile. Sjpd brutalized him badgering him for a statement wanting the suspect #2 names. Supposedly my son gave three different statements which he doesn’t know if he did or not. one cop was swing his flashlight hard at my son chins yelling at him to start talking and at the same time they k9 unit where making their dogs aggressive yelling at my son telling him they were going to let the dogs loose on him if he didn't start talking. And my son recalls 2 other cops standing on each side of him placing pressing hard being d his ear lobes. They didn't get booked until 4:30am
Nelson & Lawless | Terry Nelson
Yes. Can they charge you? Of course. They think they can convict you. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. However, the prosecutor can amend at any time he feels he can prove additional or different charges. The charges determine how much time would be imposed if convicted. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California