What legal actions can we do to change the charge made?

Question

My brother was arrested for a gun. He was a passenger in a car that was stopped. I do not know the reason they were stopped because they got no tickets. He got charged with unlawful use of a weapon, which is 1 to 3 years then they changed it to unlawful use of a weapon as being a gang member, which is 3 to 7 years. He is not a gang member. What will they do to prove that? What should his public defender be doing to get back to the first charge or something better?

Michael Palumbo · Answer

No one on this forum would have any idea on what his counsel should be doing.

Timothy Byrne · Answer

Hire an attorney.

Terry Nelson · Answer

Charges don't get "changed" other than by Motions or plea bargains.  He needs to talk to his PD, as none of us represent him.

Larry Dunn · Answer

A person who is represented by an attorney needs to consult with their attorney who has reviewed all of the evidence.

Steven Alpers · Answer

This is too complicated to answer on the website. I would need copies of the police reports to even begin analyzing the case and I would not do so without being retained to represent your brother.

Jeffrey Pollock · Answer

They should be reading the Discovery Packet to see what evidence the state has to prove that he is a gang member. The P.D. can call and cross-examine witnesses to disprove that.

James Osak · Answer

It all depends on their evidence on your brother. Can you afford to hire your own criminal defense lawyer?

William Spern · Answer

The prosecutor must prove the factual basis for gang membership. If no proof of gang membership, charge enhancement should be dismissed.

Stephen Freeborn · Answer

Your brother has an attorney.  I am not going to second guess the actions of the attorney because he has all the facts.  What you are telling me is mostly second hand because it sounds like you were not even present.  The prosecutor is the one who files the charges.  If the evidence supports the charges then the charge will go forward. If not, then the charge may be amended or possibly dropped.

Mark Smith · Answer

Your brother should be asking the public defender those questions.

Robert De Groot · Answer

He has an attorney already. Ask the attorney these questions, as he or she is the only one who knows the actual facts.

Jeff Yeh · Answer

First of all, nobody except the DA can change the charge, and your brother's future doesn't look too bright with a PD. You get what you pay for (or don't).

Jared Winter · Answer

Only the DA decides what charges they are going to pursue. The public defender then defends the charges. The public defender can't force the DA to pursue certain charges. Gang cases are usually proven with circumstantial evidence combined with gang expert testimony.

Mark Bruce · Answer

Sounds like you want a second opinion in regards to the public defender's work on the case.  No lawyer worth his or her salt will give you a detailed opinion without looking at the police report.  But one thing does jump out at me:  If there was no specific reason to stop the car, the PD will likely be filing a motion to suppress.

Leonard A. Kaanta · Answer

Only the prosecutor can change the charge. There is nothing you or he can do.

Philip Hache · Answer

It is difficult to answer that question without reviewing the case file and working the case.  It may not be the answer you are looking for, but this question should be directed to the public defender who is handling the case.  If your brother does not feel like the public defender is working the case, then he should consider hiring a privately retained attorney to sub in and handle the case.

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What legal actions can we do to change the charge made?

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