Legal Question in Criminal Law in California

422 pc

what are the chances that i will be going back to jail for this. i was intoxicated bailed out by my wife and have a court date on the 10th. this is my first offense. im afraid i may loose my job.


Asked on 10/21/08, 4:42 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: 422 pc

California Penal Code 422 is Punishment for threats. It is defined as any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statements, no matter how it is made, be taken as a threat even if there is no intent to actually carry out the threat. There are some questions you must consider. First was it charged as a felony or misdemeanor? Did you have the means to carry out the threat? I do not know what you do for a living but simply being charged with a crime does not mean you have been proven guilty of the crime and you are innocent until proven guilty. So in the eyes of the law you are currently considered innocent. In this situation where you are in danger of losing your job I would suggest you hire a private attorney. Depending on what the alleged threat was about and under the circumstances in which it was considered to have been made is what will determine if the district attorney charges you with the violation as it stands. If you have not been in trouble before and it is charged as a misdemeanor you will probably not go back to jail. However, you could. Each County and each DA and each Judge will treat this stuff different. The court will determine if you can afford an attorney and if you can not they will appoint you a public defender. I suggest you not wait that long. I would start calling attorneys now and find out some idea of what they would cost in your area. If you do not find an attorney call your local bar association and ask for a criminal attorney referral. Good luck

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Answered on 10/21/08, 9:48 pm


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