Legal Question in Criminal Law in California
I was arrested for burglary (shoplifting) at jc pennys. My bail was set at $20,000. My family posted bail. I'm 23yrs old. There charginge with a felony. First offense. Never been arrested. What r the chances of searching time?
Or will it b possible I get probation and community service?
4 Answers from Attorneys
Your family posted bail, are they also going to hire you a lawyer? Burglary is a very serious charge, but it can often be beaten or reduced. If they're not going to hire you a lawyer, they've wasted the money they spent on bail. Even probation and community service won't erase the stain of a felony criminal record. If your parents are going to help you get a lawyer, call me anytime..
If you want odds, go to Vegas. Nobody can give you intelligent answers about the outcome of a felony case based on a little info.
If you don't have a record, it's unlikely you'd be sent to prison, but jail time is a possibility, even if you get probation. If your parents purchased a bail bond instead of posting the full amount in cash, they may have thrown away a couple grand; an attorney probably could have convinced the judge to release you on your own recognizance at your first court date.
You need a lawyer who knows all the facts, not advice from a stranger on the Internet. Whether you hire your own lawyer or get a Public Defender, a felony case isn't a do-it-yourself project.
Second degree burglary is a wobbler, meaning it can be charged either as a felony or a misdemeanor. Just because you were arrested for a felony doesn't mean that's what is going to be filed against you. Depending on the dollar amount, your record (if any) and all the facts of the case, you may only face a misdemeanor.
Your goal should be to avoid a conviction instead of just avoiding jail. There may be things you and your attorney can do before your court date to get you in a position for the best outcome possible.
Start consulting with local criminal defense attorneys to discuss the case and your options.
If charged with a felony, you face potential prison time if convicted. As a misdemeanor, then you face up to a year in jail. Effective plea-bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Related Questions & Answers
-
The light turned yellow and I came to a stop behind the white line. Just then I... Asked 12/27/10, 11:28 pm in United States California Criminal Law
-
My girlfriend and I found a couple of gift cards. We checked them and then spent... Asked 12/27/10, 6:21 pm in United States California Criminal Law
-
Hello, my name is Brian. Aabout 2 years ago, I was charged with misdemeanor for... Asked 12/27/10, 3:23 am in United States California Criminal Law