Legal Question in Criminal Law in California

How can I get him the largest sentance?

One day I was tailgating someone on the way home, the women then followed me to my house and told me I was wrong for doing this and she would send her husband up. Her husband came to my house and then kicked in the side of my car. About 3,000 in damages. The cops took him to jail that night and now he has a public defender and is trying to take this to trial. What are the chances he will not have to do jail time? I know what the DA offered him and its 45 days in jail and he has no priors and thinks he will not have to go to jail. I want him to get the largest sentancing possible.


Asked on 7/07/09, 7:03 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Re: How can I get him the largest sentance?

As the alleged victim of a crime, you can let your feelings be known to the D.A. And at sentencing, after a trial, you have a right to give a victim impact statement before the judge, before the formal sentencing of the defendant. David Wallin at www.wallinlaw.com

Read more
Answered on 7/07/09, 7:10 pm
Terry A. Nelson Nelson & Lawless

Re: How can I get him the largest sentance?

The guy is going to get whatever the court orders. You should contact the DA to request the court impose a Restraining Order to protect you.

Read more
Answered on 7/07/09, 7:19 pm
Brian McGinity McGinity Law Office

Re: How can I get him the largest sentance?

Generally the victim does not have a lot of input regarding a defendant's sentence. DA's usually request the statutory sentences or if a plea bargain is offered something less than the statutory guidelines. However, as the victim you have a right to let the DA know how you feel about the situation and why you feel a more harsh sentence is appropriate. Another opportunity you have is If the defendant is found guilty you will be given an opportunity before sentencing to address the court and the defendant. At that time you could express your feelings and explain your reasons as to why the defendant should receive a greater sentence. Some Judges might take what you say into consideration, but I suggest you have everything prepared and explain yourself quickly and simply. If you stray from the issue the Judge will turn a deaf ear to what you are saying. Generally certain counties have different policies regarding sentencing and some are more harsh than others.

Someone who commits the kind of act your describing generally has done something like it before. If the DA discovers it during their investigation or a records check and they either make the court aware that something similar occurred prior to this event the court may take that into consideration when it comes to sentencing. If the case actually goes to trial they will argue about letting the prior act into evidence.

You also have a civil action against the defendant for the damage he caused to your vehicle. You may want to consult with an attorney regarding the civil action available to you. Check with a personal injury attorney. Good luck

Read more
Answered on 7/07/09, 8:31 pm


Related Questions & Answers

More Criminal Law questions and answers in California