Everyone needs an attorney who holds fast and doesn’t fold because of the fear of trial. My client, R.S., was charged with both auto-burglary and possession of a firearm. The police had captured him breaking into a car window on video and arrested him with the stolen backpack. However, the case lingered for a year because the District Attorney was also charging him for a gun found hidden in a car that R.S. was traveling in before he broke into the car.
The gun was found hidden underneath the front passenger floorboard where he was sitting, but it was R.S.’s friend’s car. There were no prints on the gun and the DNA evidence was inconclusive. Not even the police who drove the car away realized it was there. How many times have you been in a car and had no idea what the driver keeps in his car?
The Assistant District Attorney however insisted that my client admit that the gun is his despite the lack of evidence. Every time, we would come to court, she would lower her offer. How about a misdemeanor gun charge? How about a deferred entry of judgement? Finally, with the last day for trial less than a few days away, she folded. She folded because she didn’t have a case, but she would have accepted a guilty plea if I had not held fast. Now, my R.S. is enrolled in City College and will have a chance to reduce his felony auto-burglary conviction to a misdemeanor within a year. Everyone needs an attorney who knows when to hold fast.