Legal Question in Criminal Law in California
What happens if the DA files charges against a person arrested for the felony of Burglary in Riverside county, CA? No prior felony convictions on this persons record so this person thinks he is going to be let go and placed on probation after paying a minimal amount of the $50K bail. I'm not so sure..Isn't this a "first strike" offense in California? (suspect was caught in possession of stolen good, w/robbery tools and fleeing the residence). I know the courts are crowded but is this guy going to be sent home w/just a slap on the wrist and years of probation instead of jail time? Does the DA just go before a judge and the judge throws him in jail or does a trial by jury ensue?
3 Answers from Attorneys
What happens? Prosecution. The outcome depends upon whether he is able to negotiate a plea bargain, goes to trial, gets convicted, etc. No one can give you an opinion of what will happen with sentencing without knowing all about the case, like his attorney or the DA.
it sounds like you are not a friend or relative of the accused?
Burglary is one of the most serious felony crimes, and the courts have plenty of time and resources to convict offenders and send them away to serve long prison sentences. It's unlikely that a convicted burglar would get probation or a "slap on the wrist." The goal for the accused is to not get convicted of burglary, for example by pleading to a lesser offense which could result in county jail instead of prison, or even probation. This does not happen automatically and a favorable outcome is usually the result of hard work by the accused person's attorney. The ultimate outcome of any given criminal case, of course, depends on the facts of the case, the prior history of the accused, and whether the accused has good legal representation.
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