Legal Question in Criminal Law in California

a friend of mine has been arrested for possession for sale and transporting drugs. She has a prior conviction for which she served 2 years on a 4 year sentence, that was 4 years ago. .Her co defendant is her husband. His criminal history is quite different than hers. he is a validated gang member with many prior convictions. he has 2 strikes. The court has offered them a package deal which if they accept the deal he will get 91/2 years and she will get 71/2 years. Can she have her case separated from his? Since she isn't a violant offender is it fair that she be offered such a harsh sentence? If she doesnt take the deal shes worried that his offer will be thrown out and he'll have to do something like 15 to life. As it stands his deal is a good deal for him but the deal they offered her is no deal at all.


Asked on 8/06/10, 5:00 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

She needs to talk to a criminal defense attorney who practices in the courts where she is being tried. She also has to remember that she can only save her own life and whether she does not see her husband for 9.5 years or 15 years, it is not going to make much of a difference. He choose to remain in a gang which he knew would have a negative effect on him and on her. She should try to get a much better deal and let him try by himself to get a lesser sentence.

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Answered on 8/11/10, 8:52 pm


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