Legal Question in Criminal Law in California

Re: WHAT IS THE MAXIMUM SENTENCE TIME ON A 12020a

The only thing I would add to the previous postings is to proceed with great care.

Your friend's violation carries significant repercussions, and I strongly advise him to consult with a good attorney as soon as possible.

A private attorney has advantages over a public defender which may include greater depth and breadth of experience and the ability to choose who you want to have represent your interests.

I have years of experience with the courts. If you would like to contact me to discuss the situation further, I may be reached at 858.405.5881.

Re: WHAT IS THE MAXIMUM SENTENCE TIME ON A 12020a

Probation violations are not tried before a judge or jury because they are not new crimes. Instead, the hearing on a violation is part of the case in which the defendant was convicted. The judge who presided at trial will normally also preside at the hearing on the charged probation violation.

Because the violation is not a separate crime, the prosecution does not have to prove its allegations beyond a reasonable doubt. The question of whether the tool qualifies as a dirk or a dagger is not subjective, as you say, but rather objective -- the law defines the terms "dirk" and "dagger" and the question at the hearing will be whether the tool fits within either of those definitions. Whether your friend planned to use it as a weapon is beside the point, because his probation forbids him to possess such items at all and does not forbid him only to possess them if he intends to use them as weapons.

He will need an attorney at the hearing; a public defender will be provided if he can't afford private counsel. If he had a public defender at trial there is a good chance he will get the same attorney at the hearing. His attorney will know what kind of argument to present and what his prospects are.

Re: WHAT IS THE MAXIMUM SENTENCE TIME ON A 12020a

Thank you for your posting.

As Mr. Hoffman mentioned, this case would not be tried in front of a jury. You will need to see the definition of a dirk or dagger, and see if the tool in question meets the specific requirements. To answer your main question, the maximum time on a 12020a is the maximum for the original offense less any credits for time already served. If a felony, that means three years state prison.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.