Legal Question in Criminal Law in California

1st Felony stalking charge - Plea for Misdemeanor or No Contest?

My friend was arrested and cannot post the $25,000 bail. He is being held for the following:

646.9(B) Felony PC STLKING W/TEMP RST/ORDER

273.6(A) Misdemeanor PC VIO CT OR PREV DOM VIO

273.6(B) Misdemeanor PC PHONE HARRASSMENT

He got a restraining order against him for harrassing his ex-girlfriend. Then he got another restraining order for harrassing her new boyfriend. Then he was bugging her Mom. His intent was just to talk to his ex and get closure. Eventually his ex called him (after he called her first) and she set him up to meet her. He fell for it hook line and sinker. The cops were waiting for him and took him away. He had his Municipal Court arraignment on 7/15. He has his first prelim hearing on 7/28.

I see he has at least 3 choices for the felony

1. Plead no contest

2. Plead for misdemeanor reduced charge

3. Plead quilty

Assuming there is no evidence of violence or any other issues like priors, legal problems, etc, what do you advise? What do you think would happen in each scenario? How long would he be in jail probably?

Riverside California.

Thanks in advance!


Asked on 7/20/05, 11:29 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 1st Felony stalking charge - Plea for Misdemeanor or No Contest?

Your friend needs to get a lawyer immediately. After the attorney has spent time talking to him about the case and about his background, she will be able to give him competent advice tailored to his situation.

This web site is not set up to provide anything like that kind of service, and trying to use this site instead of getting a lawyer is a very big mistake.

If your friend cannot afford an attorney, the court will appoint one at public expense. If you can afford to get a lawyer then he should do so, even if the expense is a serious hardship. Aside from the welfare of his family, these charges should be his number one priority in life right now. He may have to make some serious sacrifices in order to pay the bills, but he needs competent legal representation and he needs it now.

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Answered on 7/20/05, 11:55 pm


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