Legal Question in Criminal Law in California

Re: What is the percentage on non violent crimes

I'm not entirely sure what you're asking. I'm also not sure why you believe "12 months county time" is even a realistic prospect, though you seem to think you can get such a sentence just by surrendering. That isn't how it works.

In California there is a sentencing range for each crime. Most felonies have three possible sentences, and a defendant convicted of that felony must receive one of those sentences. The middle term is the presumptive sentence, but a judge who finds that circumstances in aggravation substantially outweigh those in mitigation may choose the high term. A judge who makes the opposite finding may choose the low term. Even the low term is sometimes several years. Where multiple crimes are involved, the judge can usually order the sentences served consecutively. And you may be subject to enhancements of your sentence depending upon the details of the case. If you already have one or more "strikes" things will be much worse for you.

Defendants who make a deal plead guilty to something as part of that deal, and the prosecutor may be willing (or even able) to reduce the charge to something that carries only a year of county time. Depending upon the facts of the case, your record (if any) the strength of the evidence, you could be looking at a minimum sentence of several years. The D.A. will likely be willing to make a deal, but may insist on a much longer term -- which would mean prison rather than county jail.

You need to consult with a lawyer face-to-face, ASAP.

Re: What is the percentage on non violent crimes

Your question is, as Mr. Hoffman states, confusing. Have you been offered no more than a year in the county jail as a term of probation if you plead guilty? If so, you would usually serve 8 months on a year pursuant to Penal Code section 4019. The Judge imposes the year and you get your 4019 time unless the time is lost for bad behavior.

Re: What is the percentage on non violent crimes

Any deal for time or other penalties will be worked out by your attorney and the prosecutor, to be approved and agreed by the court. Every case is different and negotiable. Feel free to contact me if interested in doing this right.

Re: What is the percentage on non violent crimes

I can't believe that 3 learned brethren of mine, all purporting to be criminal lawyers, could fail to understand what you're asking. Of course, I have to make an assumption about your question. Your zip code indicates you are from Los Angeles. It would have helped to tell us the county in which you are being prosecuted in your question. Therefore, assuming that your time will be served in LA County, you want to know what percentage of a year will you serve and who decides it? The answer is (most likely) that you will serve 10% of the sentence or about 36 days. The sheriff decides it and kicks most people out of jail after10% of their sentence because of overcrowding conditions. The judge typically has nothing to do with this. The prosecutor, knowing that you'll serve only 10% of your county jail sentence, may have demanded a year instead of a lesser sentence. Unless you are sentenced to state prison, the most you can get is a year, or 36 days, and the DAs and CAs all know this. I hope this helps. Steve Mandell

Re: What is the percentage on non violent crimes

Really need to either discuss this with your attorney. If you do not have an attorney that get one. Either hire a private attorney or have the court appoint an attorney to defend you.