Legal Question in Criminal Law in California

My boyfriend is being offered either 4 years at 80% with no strike or 16 months at 80% with a strike for stealing a phone charger from wal mart that was priced around $30. He has a previous strike from grand theft auto at gunpoint committed 5 years prior. Do you think theres a possibilty he could be offered a better deal that won't include another strike such as 3 years with half time? or something of that nature? As of right now he has a public defender. Would a lawyer be a better choice? (he is being charged with robbery and burglary by the way)

Also, we are planning to get married while he is incarcerated. Is there a way our marriage could be presented in the plea bargain?


Asked on 11/19/09, 6:01 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Public defenders ARE lawyers, but they are paid by the government to defend people who can't afford to hire their own lawyer. Public defenders are sometimes very good lawyers, but they tend to have big caseloads. On the other hand, there are some private attorneys out there who charge a lot of money but aren't very good.

There is no way of knowing whether he would be offered a better deal without reviewing all of the evidence. His current attorney is in a better position to answer questions.

I also don't understand the options as you have presented them. It sounds like he is charged with petty theft with a prior theft conviction (the robbery counts as a theft conviction). The sentencing range on this offense is 16 months, 2 or 3 years with half time. His strike conviction would double the time and he would serve 80%.

I can't tell where you are getting the figure of 16 months at 80%, which shows why you can't get an informed answer over the Internet.

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Answered on 11/24/09, 6:20 pm


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