Legal Question in Criminal Law in California
i have no criminal history and this is my first offense for residentail burglary
4 Answers from Attorneys
I'm not sure what your question is, however to have a conviction for a residential burglary on your record will affect your future. That crime is a Felony and a Strike and therefore you are a convicted FELON and jobs are hard to come by with that on your record. Law Enforcement will approach you differently as well. I wish you well......David Wallin
I think this is the guy who believed the cop who said he was his "friend," who blabbed his heart out, who is now surprised at being charged with burglary, and who is now complaining about the unfairness of it all.
You�ll learn the actual charge[s] filed and get copies of all the police reports when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted.
In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines.
You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.
Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.
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