Legal Question in Criminal Law in California

please explain my whole sentencing to me.

"per waiver of rights: 180 day lid, asp ok; count 1 and 2 may be reduce to misd. after 18 months if in compliance with probation, harvey waiver balance, priorable pursuant to 666 pc, reduce to misd in 18 months. count 3 and 4 dismissed with harvey waiver.

what is the 180 day lid and harvey waiver balance? all four counts were 459 PC 2nd degree commercial burglary.


Asked on 10/03/10, 11:29 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You should really be asking your lawyer, not a stranger on the Internet who doesn't know all of the details.

It appears you entered guilty or no contest pleas to two of the four counts.

The remaining two counts were dismissed with a Harvey waiver, which means the judge can consider the facts of those charges when imposing a sentence or setting restitution, but they do not increase the maximum sentence.

The 180 day "lid" is apparently an agreement that you will receive felony probation, with a maximum of six months in jail as a condition of probation.

If you violate probation, you would be looking at up to three years, eight months in prison, with credit for any time you had served.

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Answered on 10/08/10, 12:37 pm


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