Legal Question in Criminal Law in California

what is the minimum & maximum time for a first time human smuggling charge?


Asked on 9/07/11, 4:42 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Human smuggling, like a "coyote" who helps illegal/undocumented immigrants cross the border? Or human smuggling, like one who keeps slaves? Both are pretty serious. Instead of asking how much time, ask how do you best fight the charges and end up with the best possible result.

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Answered on 9/07/11, 5:21 pm
Terry A. Nelson Nelson & Lawless

Depends upon the charges on which you are convicted. You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges.

When charged with any felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges multiply your problems. If you have priors and strikes, they may be penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.

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Answered on 9/07/11, 5:38 pm


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