Answered on Mar 04th, 2011 at 2:11 PM
Can you be charged? Of course. Can you be convicted? Depends upon the facts, including priors and probation status. Its up to the DA what and how to charge. Its up to the defendant and his attorney to defend the case. He needs an attorney. If this is in SoCal courts, and if he is serious about hiring counsel, have him contact me.