How long will my husband do for a OBSTRUCT/ETC PUB OFCR/ETC ?

Criminal Defense 3 views 6 answers
okay so my husband had court today on 9-7-12 for something that he innocent for i had a baseball bat in my car and we got pulled over and he is being charged for it when the bat was not his he is currently on patrol. today when we went to court he plead not guilty but he called me later saying he was offered probation for 3 years on top of his patrol they told him if he loses the case he will do 3 years in prison what should he do i need help the public defender doesn't really seem to help much what should he do or what should i do ? can anyone please help me they are charging him unfairly

Attorney Answers

6
Andrew Limberg ·
It doesn't appear, based on your post, that your husband is only charged with a misdemeanor violation of Penal Code section 148 (Obstructing an Officer). It appears he's also charged with a felony charge of being a felon in possession of a weapon or some related conduct. He should be meeting with his attorney to have the facts and law explained to him so he can make a sound decision on whether or not he wants to accept a plea deal or go to trial. If he's unsatisfied with his current attorney he can always obtain a free consultation from defense attorneys in private practice to see if he's more comfortable with another attorney.
0 upvotes
Ivan Schwartz ·
I also recommend that you and your husband consult with an experienced private attorney. It does soound like there are more serious charges and/or that your husband has criminal convictions which could expose him to a more severe punishment. I would be happy to review your husband's case with you. Ivan Schwartz 501 W. Broadway, Suite 1780 San Diego, CA 92101 (619) 687-5052
0 upvotes
Joshua Tobias HershonCriminal Defense AttorneyCarlsbad, CA ·
Mr. Limberg is precisely correct about your husband's charges being diverse - that is, possession of a concealed weapon, possession of a weapon violating parole, etc. and obstructing an officer are different charges. Everyone is free to hire a private attorney with their own money should they choose not to use the public defender's office.
0 upvotes
Bradley Corbett ·
I agree with Mr. Limberg
0 upvotes

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