Legal Question in Criminal Law in California
drug arrest
My wife was arrested for poss, poss w/intent to sell and child endgr. Already on probation for same charges 3 years ago, she received a 2 yr stayed sentence on the first case 3 yrs ago. What are the chances she has to do the 2 plus more time, and should we get a priv. attorney?
3 Answers from Attorneys
Re: drug arrest
I am sorry to hear of the serious charges that yor wife is facing. She will not get a fair "shake" unless she is represented. That is what my experience tells me. The defendants represented by public defenders are grouped together and those who have retained attorneys have different and separate results. Contact me directly for 20 years experience.
Re: drug arrest
Parole/probation violations routinely result in return to jail on the original sentence. It's up to you if you want to get counsel. If she knows how to effectively represent herself in court against the professional prosecutor trying to put her in jail, then go for it. If not, hire an attorney to try to help keep her out of jail, or at minimum time.
Re: drug arrest
By law, if found in violation of probation, your wife does NOT have to go to state prison on a stayed sentence. Although sometimes they need to be reminded of it by good lawyers, judges have full authority and discretion to reinstate probation, stayed sentence or not.
Her chances are greatly increased if she is represented by an effective and diligent private lawyer. Other factors, such as full facts and circumstances of her current violation, also do play a significant role of course.
Feel free to contact my office if you want additional non-binding consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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