Legal Question in Criminal Law in California

please answer domestic violence

Facing a 243 e1 and a 148 a1 charge. Could anyone PLEASE answer my questions.

1 Are sentences usually less severe if you plead guilty, or are they more severe if you go to trial and are found guilty?

2. In playing chicken with the DA could someone chance change their not guilty plea to a plea of no contest before trial?

3. I read an article that the FBI and law enforcement are spying on domestic violence suspects. In a case like this is it likely that law enforcement would intercept phone calls, and use spy ware to look into a suspects computer?

4.I have heard that you could be sent to the county jail for a max of one year, but the usual sentence is for these two charges is around 60 days. Is there any way actual jail time could be avoided either through electronic monitoring, alcohol treatment programs etc.? Also how would work furlow come into play for someone who�s working days and hours are never the same i.e. salesman, truck driver etc.?

5. After sentencing, and your given a sentence do they haul you right to jail, or do you then have to report to probation to see if they will allow work furlow, electric monitoring etc.?

Thank You in advance for anyone who may answer these questions.


Asked on 3/27/04, 12:41 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: please answer domestic violence

1. It shouldn't be the case, and such policies are in my opinion unconstitutional, but it is often true that people who go to trial get stiffer sentences. However, people who go to trial retain rights they would otherwise give up, including the right to a trial by jury and appeal rights.

2. I don't understand what you mean by "playing chicken with the D.A." You can always change to a plea of "no contest" (which you would want to do in every plea-bargained case instead of pleading "guilty.") You can always change your plea to "no contest." The deals usually get better, not worse, with time. Don't be in a hurry to change your plea to anything other than "not guilty."

3. You have been listening to too much Art Bell. Law enforcement doesn't share their wiretapping priorities with me, but my best guess is that DV offenses are a low priority for either telephone or computer wiretapping. Of course, you do not want be threatening anybody or doing anything illegal, as you can never know for sure what could possibly be revealed by the telephone numbers you call, the websites you visit, or the content of your calls or e-mails.

4. Ask your public defender, or a criminal law attorney in your area, about the court's policies regarding sentencing, and alternatives to incarceration, in your locality.

5. Unless your lawyer is brain-dead, you will be informed of the local court policies before sentencing.

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Answered on 3/27/04, 2:59 pm
robert nudelman criminal defense associates

Re: please answer domestic violence

Thank you for your email. There are other factors which may be at play here which I need to know before answering your questions. Please call me at (800) 313-9619 for a free consultation during regular business hours.

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Answered on 3/27/04, 3:22 pm


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