Legal Question in Criminal Law in California
what should I expect from alameda county sentceing on these violations
I have a court date on 12-2-05 for violations:vc23152(a)m, hs11550(a)m, hs11377(a)m, & hs11364.7(a)m. please let me know if i should be represented and if this will interfer with our family's out of state move on 12-19-05. can i continue the sentencing if any at the state we are moving to? please help. Joseph
1 Answer from Attorneys
Re: what should I expect from alameda county sentceing on these violations
You have your first court date coming up and you're already focused on the sentencing phase? Are you just going to walk into court, plead guilty and hope for the best? Don't even think about doing that. (By the way, even if you plead guilty at the first hearing you won't be sentenced the same day.)
You need to get a lawyer right away. Even if it turns out that pleading guilty is the best strategy, she will almost surely be able to negotiate a better deal than you could get on your own.
Offhand I don't know what the sentencing ranges are for the crimes you listed, but even if I did I would need more information before I could tell you what to expect. Do you have a record? If so, how serious are your priors? When was the most recent? If you have multiple priors, have your crimes all been minor? Have you spent any time in prison (as opposed to jail)? These are just some of the factors the court will consider when and if it hands down a sentence.
One thing that doesn't matter is the county you are in. You are charged with violating state laws, which are the same throughout California and which have state-wide sentencing standards. Some judges sentence more harshly than others, but the variations are from judge to judge and not from county to county.
Will the case interfere with your planned move? Probably not, given that the charges are all for misdemeanors, but again your history may be an issue. Evenif you move you will still have to come back for court dates.
You cannot get the case moved to your new home state. If you are tried, you will be tried in Alameda county. If you are sentenced to jail time you will serve it in the Alameda county jail. If you get probation you may be able to have that transfered to your new state, but the rest of your case will stay where it is.
As I said at the outset, you need to get a lawyer ASAP. That is the best way to protect yourself.
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