California Illegal Possesion of Explosives Charges For Fireworks

Hi!
On the 4th of July, my boyfriend was letting off some fireworks in an open area on an elementary school campus behind his apartment. An undercover approached him as he was getting ready to let off one but he had not lit it yet. He had let off a rather large one that the cop saw in the sky but did not witness. As far as we know, there were no witnesses that came forward other than the cop.
He was charged with 2 felonies: Penal Code 12305. He has a prior from 15 years ago on possession of mairjuana. The judge allowed him to stay out on bail based on the length of time since his last conviction.
He has a good job and has shown stability.
I have two questions: 1, How likely is it that he would go to trial or even jail on a charge such as this in CA and 2, is it advisable to get an attorney or just use a PD on this case.
I guess he might be looking at 3 strikes if he is convicted?
Any advice is greatly appreciated.
Thank you!

He can try for a plea bargain. With two strikes, he should get himself a good criminal defense lawyer.

What exactly did he possess or set off? PC 12305 is usually used for explosives similar to TNT. However, the State Fire Marshall recommends that "firecrackers" of greater than .772 grains in weight be charged as an explosive - this would include devices commonly referred to as an "M-80" or an "M-100". It can also be used if the device is a homemade or modified explosive device.

If he can afford a private attorney, then he will not qualify for a public defender. While a public defender might know the local system better than a private attorney, the private attorney might be more responsive to the defendant's needs ... after all, he will be getting paid for every conversation, call, and motion he files. It's really his call as to what he wants to go with and how much money friends and family are willing to put up for his defense.

However, if the device was an M-80 or similar device, and it was not being set off in an otherwise dangerous manner, I would strongly suspect that a plea to a lesser offense would be likely.

- Carl

Hi!
Thank you sooo much for the advice!
He had a "cake" which is like a box with a bunch of firecrackers that explode into the air. It was not handmade. I think it is like 25 x M-1000's. He was not setting it off when the officer approached him, just in possession.
Do you know of any resource we can use to check to see if the Public Defender has a good record with cases? I imagine that he would qualify for one. I wasn't sure which way he should go as he's facing 2 felonies.

Am I correct in saying that this would be 3 strikes if he was convicted?

Also, if he chooses to plead not-guilty, then consult with the attorney, can he change his plea and make a deal? At what point would this be offered to him? He just had his 1st appearance on 7/5 and hasn't pled yet.

Thanks again!

He doesn't get a choice of public defenders - he gets the one assigned. And there is really no easy way to find out the attorney's record on a particular type of case or even with that particular court. Plus, most will be convictions anyway. What that record will NOT tell is whether the PD (or even a private attorney) managed to get the defendant a good deal, or whether the defendant refused to take a deal.

Why would this be "three strikes"? I do not believe it would qualify as a third strike, though it might count as a strike for subsequent criminal charges.

And with 25 M-1000s, I can understand why he was charged with a felony! Wow!!

- Carl