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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Assault With A Deadly Weapon Charge After a Fight

    My question involves criminal law for the state of: ca

    Last May of 07 a couple of friends and I left a bar at closing time. We had gotten into a argument with a couple other people then a fight began to happen. The cops were near by and broke up the fight within minutes, my friend got arrested for being drunk in public and let the rest of us go. My two friends and myself jumped into my truck and left the scene and started are way home. As we were leaving the guys we had a argument with were walking in the street, things were said back and forth so we all jumped out of the truck and started fighting again. As I was fighting one on one with the guy next thing I know is my friend I was with ran up behind me and hit the guy I was fighting with a tool out of the back of my truck. At the time when he hit him I honesltly had know idea he had a weapon in the first place, He told me "lets go!!!!" So I ran back to the truck and we all took off.

    As we left the scene he had told me that he just hit two guys with a metal object in my truck, and these two people were knocked out cold. 6 months later after this incident happend I find out i have a warrant with Assault With a Deadly Weapon, Bodily Injury, Mayhem, And conspiring to use a Deadly Weapon Felony Charges. I posted bail of 100,000 and hired a private attorney. In the police report it says I wasnt the one who hit anyone with a weapon, it says i was just the driver of the vehicle and I was fighting. I guess Im the only guys they got because nothing happend to my friends that were there. I just had the Preliminary hearing a couple weeks ago to try and get this dismissed by the judge. The judge ended up keeping the charges because theres enough probable cause that I conspired to do these crimes. So its getting sent to a different court for trial. My lawyer wants me to turn the guy in that did these crimes and make a deal with the D.A. He says Ill be looking at a mistemenor or maybe 2 hopefully.

    The problem I have is that he wants another 5 grand, and honeslty Im broke from posting bail and paying him 4 grand before. My question is do I hafto tearn my friend in?? Is this a case worth taking to trial? And if I cant afford to pay my lawyer would the Public Defenders Office beable to fight my case as well as my lawyer could? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assault With A Deadly Weapon

    Quote Quoting vdub85
    View Post
    My question is do I hafto tearn my friend in??
    No, you don't. But, is your friend worth going to prison for? And, is he worth losing everything you might ever earn for the rest of your life?

    If convicted, you can guarantee being sued for any and all medical costs, pain and suffering, etc. And with a guilty verdict for ADW and other offenses, you'll be toast.

    So, your choice ... suck one up for the team and risk several years in state prison for a violent felony, or, cooperate and accept that you did something stupid but your PAL is the one that brought this on himself ... assuming, of course, that your account is true. If, on the other hand, turning in your pal means he will dime YOU off as the attacker, you may have nothing to lose by keeping your yap shut and hoping for a favorable verdict. (And if you are that lucky to get off, make a trip to Vegas, quick!)

    And if I cant afford to pay my lawyer would the Public Defenders Office beable to fight my case as well as my lawyer could? Thanks
    We have no way to know the capability of either attorney. The public defender is not going to waste time making frivolous motions and covering your tail end - he'll be pretty up front with you because he's too busy to waste his time and yours. A private attorney will do almost whatever you pay for. And considering the paid attorney is recommending you deal AND roll over on your pal, I'd say your case does not look all that good if you go to trial.

    - Carl

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Assault With A Deadly Weapon

    Regardless of what happens to you criminally, don't forget that you still will have a civil case to work out.

    This was a really bad idea.

  4. #4

    Default Re: Assault With A Deadly Weapon

    Chalk up another one to the list of similar posts that began with "me and some friends were at a bar, and.....".

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