• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal Advice.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mikeluong

Junior Member
What is the name of your state (only U.S. law)?
California

These are the following charges. My brother is charged with these, can you give me some advice.

PC 246 Felony
DISCHARGE OF FIREARMS AT INHABITED DWELLING,VEHICLE,BLDG.
PC 247(B) Felony
DISCHARGING FIREARM AT UNOCCUPIED MOTOR VEHICLE
PC 12034(C) Felony
DISCHARGE OF A FIREARM FROM A MOTOR VEHICLE
HS 11377(A) Felony
POSSESSION OF NARCOTICS AND SPECIFIED NON-NARCOTICS
PC 12025(B)(6 Felony
CARRYING CONCEALED FIREARM/NOT REGISTERED TO OWNER WITH DOJ
PC 12031(A)2F Felony
CARRY LOADED FIREARM IN PUBLIC & NOT LISTED W/DOJ PC11106

My brother's story is he was in a car and it was his friends. He told him if he was going to do anything with the gun it wouldn't be his fault. My brother will be appointed a public defender this week and will have his court date next Monday. Is it necessary to find a private lawyer or will a public defender be sufficient. What are the pros and con to this?

Thank you,
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
California

These are the following charges. My brother is charged with these, can you give me some advice.

PC 246 Felony
DISCHARGE OF FIREARMS AT INHABITED DWELLING,VEHICLE,BLDG.
PC 247(B) Felony
DISCHARGING FIREARM AT UNOCCUPIED MOTOR VEHICLE
PC 12034(C) Felony
DISCHARGE OF A FIREARM FROM A MOTOR VEHICLE
HS 11377(A) Felony
POSSESSION OF NARCOTICS AND SPECIFIED NON-NARCOTICS
PC 12025(B)(6 Felony
CARRYING CONCEALED FIREARM/NOT REGISTERED TO OWNER WITH DOJ
PC 12031(A)2F Felony
CARRY LOADED FIREARM IN PUBLIC & NOT LISTED W/DOJ PC11106

My brother's story is he was in a car and it was his friends. He told him if he was going to do anything with the gun it wouldn't be his fault. My brother will be appointed a public defender this week and will have his court date next Monday. Is it necessary to find a private lawyer or will a public defender be sufficient. What are the pros and con to this?

Thank you,
**A: yes, get him a private lawyer. He in deep sh*t.
 

mikeluong

Junior Member
Yea! I'm sure he's in deep ****.
What are my options here? If what he said is true will his charge get dropped if he didn't held or fire the firearm?
 

mikeluong

Junior Member
**A: somehow I do not believe what he said was true.
I have faith that it is true. It was his friends firearm and his friend's car. I'm positive that he wasn't the one that did it. Just wrong place at the wrong time.

Just worried that his friend won't spill the beans on the case. Just hoping if he does my bro can come out of this ok.

So what are the con's about a public defender do they not do a good job or have a don't care attitude?
 
Last edited:

Ian_Y

Member
Public defenders can be as good as any lawyer, CAN be. In such a matter as this, a private attorney would be highly desirable. These are serious charges, and a lot of them. Public Defenders will not necessarily defend you to their greatest potential, their job is to provide a defense not necessarily to get the whole case dropped or the best plea bargain. Even if they can, it doesn't mean they will. Many of them are early grads from law school and this is their first job out, so they may not have as much experience in the courtroom. Private attorneys usually have track records of harsh cases being dropped or reduced to more minor charges and will always do their best to get you the best situation possible. They also tend to have many years of experience (The expensive ones, at least) Finding the right attorney for your brother's case is very vital, yet it does cost a lot of money whilst the PD is free provided you cannot afford an attorney.
 

CdwJava

Senior Member
Okay ... so that I have this straight, there were two of them in the car, the gun was used to cap rounds at a home and vehicle, and both the driver and your friend (the passenger, I assume) deny using the gun. Ergo, it magically fired itself?

Is your brother going to roll over on the friend? Or has the friend already rolled over on your brother?

And, yes, your brother can still get charged as a principal in at least some of the offense(s) even if he did not hold the weapon. (Depending on the details)

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top