Legal Question in Criminal Law in California

What are the chances of going to Jail for a Misdemeanor?

I was driving around with my friends in a suburban area. We hit three sets of trash cans with our car and set off a dry ice bomb. We got pulled over, booked etc. i personally received a misdemeanor citation for a 12303 (possession of a destructive device) and 592 (a)(2) vandalism for damage to property under 400$. We were cooperative, owned up to it, and actually made the cops laugh a bit. We have a court date in December but I'm trying to get it sooner. This is the first offense for all of us, what are the chances that we will get jail time? share stories, answers. etc.


Asked on 10/12/08, 6:05 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: What are the chances of going to Jail for a Misdemeanor?

Your chances of avoiding jail time are decent, if you get a competent and diligent lawyer. Lack of criminal record will be very helpful to your situation.

I am not sure why you want to move up your court date. However, if it is really important to you, you absolutely need to do it through a lawyer. Do not try to do it yourself. Under no circumstances you should engage in any discussions with the DA or police investigators without a lawyer. While you might be thinking that you are helping yourself, chances are overwhelming that you will be hurting your case. Your must keep in mind that the DA and the police are not interested in helping you. They are interested in helping themselves by wrapping up their case against you as soon as possible and getting the information that they can and certainly will use against you as quickly and efficiently as they can.

At your service,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/12/08, 6:34 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: What are the chances of going to Jail for a Misdemeanor?

Given the nature of the charges and that this is your first offense, the chances of avoiding jail time are pretty good; even better if you have a private attorney.

Feel free to call if you are serious about representation.

www.NotGuiltyInCA.com

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Answered on 10/12/08, 7:47 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: What are the chances of going to Jail for a Misdemeanor?

Cooperating and making the cops laugh is not going to endear you to the judge. Destructive device charges are no laughing matter and if you handle this situation incorrectly you could wind up, at best, with a criminal record that could foreclose many employment and educational opportunities for you.

Now go call some lawyers and when you find one you are comfortable with, borrow the money from your Mom.

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Answered on 10/12/08, 7:50 pm


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