My brother-in-law is convicted for felony he is in jail right now. hearing will be 6/18/09. what is the chance of getting him out of jail?

he hit and slap my friend(her) with sleeper and treat her with 357 to blow her mouth (verbal). My husband has 2 guns registered. guns are in the position of the authority. My friend just with draw all charges.

Asked on June 11, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not sure exactly what a "sleeper" is, but if it's some sort of blackjack, club or other weapon, and if the victim was visibly injured (bleeding, etc.) when the police arrived or when she reported this, it might be a problem.  That sort of situation allows the police officers to testify in court to what they saw.  If your husband's guns were taken by the police when they arrived, and your brother-in-law had them in reach at the time, that will also be a problem.

This is really going to be up to the prosecutor.  He or she may not need your friend to testify in court, and your brother-in-law could be prosecuted and convicted of this charge.  And since he's already a convicted felon, I'd say that if the prosecutor can make it stick without your friend, he will.

Your brother-in-law needs a lawyer.  One place to find qualified defense attornyes is our website, http://attorneypages.com


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