Wrongfully Accused Of Criminal Threats

My daughters father John, got in to an argument with his father Steve, who he was living with at the time. They both were drunk and got into an argument, Steve called the police saying that John "threatened to slice his thoat and kill him", John denies ever saying that. And the only proof is Steve, who was drunk. John ended up going to jail and the PC was 422, John was bailed out. At his first court date they offered him a plea of ' 6 months in jail and a strike' he said no, because he feels he is innocent. He has another court date scheduled for the end of the month, Steve got a subpoena, and is supposed to be there. Also John was already on probation for a previous case (fraud), so technically its a probabtion violation as well. My questions are, Steve is a drunk (he has 3 DUI's) can the fact that they both were drunk help the case or make it worse? What could John be facing? Any help on what may happen? We live in California, so it would be under the CA law...Thank you

**these aren't the real names, I just put them here to help better understand the story**

Also, I don't know if this changes anything but his bail was 50,000

A few people have told me that is not a good thing

Is that true or false?

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Quoting cassiesmom

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Steve is a drunk (he has 3 DUI's) can the fact that they both were drunk help the case or make it worse?

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It might help or hinder ... a lot may depend on what was said to tyhe police when they arrived. If John's demeanor sucked, then he may be sunk. And his prior conviction for fraud already puts his credibility at serious risk.

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What could John be facing?

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The full sentence of his fraud conviction and up to 3 years in state prison and a strike.

He needs an attorney yesterday.

- Carl

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Quoting cassiesmom

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Also, I don't know if this changes anything but his bail was 50,000

A few people have told me that is not a good thing

Is that true or false?

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Criminal threats are taken VERY seriously. $50,000 is standard fare for that sort of charge.

- Carl

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Quoting cdwjava

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It might help or hinder ... a lot may depend on what was said to tyhe police when they arrived. If John's demeanor sucked, then he may be sunk. And his prior conviction for fraud already puts his credibility at serious risk.

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I wasn't there, but from what he told me, it wasn't good. He would not shut his mouth to the police and continued to run his mouth until an hour after he got to the county jail. How can they prove the John is lying and Steve is telling the truth. Also, at his first court date they mentioned his brother, who is in jail for attempted murder, because Steve brought that up in the police report. Can that affect him as well?

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Quoting cassiesmom

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I wasn't there, but from what he told me, it wasn't good. He would not shut his mouth to the police and continued to run his mouth until an hour after he got to the county jail. How can they prove the John is lying and Steve is telling the truth. Also, at his first court date they mentioned his brother, who is in jail for attempted murder, because Steve brought that up in the police report. Can that affect him as well?

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They can't prove anyone is lying. the best that can be hoped for is that the defense can cast reasonable doubt on the claims of the victim. And I can't see how a family member being in jail for another crime has any bearing on Steve's case.

- Carl

I don't know why they mentioned it either.. Thank you for your help.. I am sure I might have more questions soon