Legal Question in Criminal Law in California
What counts as community service? How to reduce it
I am being charged with making annoying phone calls. Saying I would kick their ass and if they don't stop stealing from me they are dead. A civil case was dismissed but the DA has tried to file a felony against me. (Orange co courts?)
Anyway, after this thing has been dragged out, the DA offered to lower it to Misdemeanor with 20 days community service. That seems like a lot for a couple phone call arguements. Especially since it should never have been a felony in the first place.
Q- I think they will lower it to 10 days, but is there any other service I can do, or a fine, instead of trash pickup? I am holding two jobs in this recession and even 10 days is a lot. Please help. Thanks.
9 Answers from Attorneys
Re: What counts as community service? How to reduce it
You're taking this quite casually, considering a misdemeanor plea still is a conviction record. If you get serious about getting counsel to get an actual legal opinion, and legal help in getting a 'deal' you can agree to, feel free to contact me.
Re: What counts as community service? How to reduce it
Okay, I'll join the party, but on a new issue. What you have stated may be no crime at all. "IF you keep stealing from me I will kill you" is a conditional threat. If that is what the "victim" agrees you said, you might well get off entirely.
I agree with those who suggest this might be one worth fighting. Even a misdemeanor conviction can have terrible consequences for your future. As your lawyer about "conditional threats".
Re: What counts as community service? How to reduce it
This is not a situation where you can get an accurate answer online with the facts you have provided. You need to show the Police report(s) to an attorney before you consider any offer by the DA. Stop wasting your time and start looking for an attorney. This is worth a consultation to find out what your options are. A misdemeanor conviction is still a criminal conviction and it is not something to take lightly. Good Luck.
Re: What counts as community service? How to reduce it
If the DA is coming down that low, could be they have no case. Any conviction will keep you from getting a job in the future, so fight it if you can. If you can't, ask them how much jail time you could do instead. It beats doing community service.
Re: What counts as community service? How to reduce it
If the case has been filed, you should be represented by an attorney. I hope you are not trying to handle a criminal case by yourself. Only a lawyer who is thoroughly familiar with all facts of your case can meaningfully advise you about your options and how your case should be handled.
That said, if you were just shouting out at people who were stealing from you, that should earn you little or almost nothing in terms of punishment.
Feel free to contact my office if you desire an additional consultation.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: What counts as community service? How to reduce it
My first reaction is: Huh? They filed felony 422 charges based on that? (FYI - I assume you know that 422 as a felony is a strike)
If that's the conduct that's got you thinking about a plea and a conviction to anything, even a misdemeanor, I'd strongly urge you to think twice before taking that deal.
My answer might change based on a review of the actual police reports against you, but if you've got an otherwise decent record, this may be one you want to fight.
About 95% of my cases are in Orange County, where I used to be a deputy DA. If you're looking for new counsel, let me know.
Re: What counts as community service? How to reduce it
It sounds like they are offering cal trans, in lieu of community service. However you seem to indicate that it may not be the type of service, but the 10 or 20 days are a problem because you have 2 jobs. Ask your lawyer if you can pay a fine in lieu of c/s. If not, Then you will have to decide what to do regarding the offer of c/s. Make sure your lawyer tells the D.A. you work 2 jobs and need to keep them in these economic times. You may visit my website at www.wallinlaw.com . David Wallin P.S. Usually any non-profit organization qualifies as c/s.
Re: What counts as community service? How to reduce it
You're taking this quite casually, considering a misdemeanor plea still is a conviction record. If you get serious about getting counsel to get an actual legal opinion, and legal help in getting a 'deal' you can agree to, feel free to contact me.
Re: What counts as community service? How to reduce it
You're taking this quite casually, considering a misdemeanor plea still is a conviction record. If you get serious about getting counsel to get an actual legal opinion, and legal help in getting a 'deal' you can agree to, feel free to contact me.
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