Legal Question in Criminal Law in California

plead guilty no jail???

I am facing a 243 e 1 battery, and a 148 a 1 resisting charge. My wife said she would deny anything happened to help me out, even though the cops took a picture of a bruise. I told her not to do that and to tell the truth. I don�t want anymore troubles with the law.

I want my life back to normal as soon as possible. It�s taken six months for the DA to charge me, and it will be another month before I am arraigned. I know I could get a year in jail but most people convicted on these charges get like 60 day�s. Some get work furlow, electronic monitoring, community service and all have to go to classes be on probation and pay a fine.

I have three small kids I can�t handle any jail time. I will accept any punishment they give me, but I can�t be away from my family. Could this thing be settled at the arraignment if I agreed to plead guilty if they put in writing that some alternative to jail would be available to me? Or do I just have to plead not guilty and drag this thing out hoping they give me some kind of plea bargain, and change my plea to no contest at the last minute to avoid going to trial?

Without all the specifics could anyone please help me out and give me some kind of general idea based on their past experiences?


Asked on 4/04/04, 5:15 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: plead guilty no jail???

There is no way a lawyer can tell you whether you will get jail time based on the limited facts you have provided. This isn't your fault; the LawGuru site just isn't meant to offer such specific guidance.

You need to get a lawyer, tell her all the specific facts of your case, answer all of her questions and then get her best assessment of your case, given her knowledge of the law, the prosecutor, the local courts and the local juror pool. If you can't afford a lawyer, you may qualify for a public defender.

DO NOT try to do this on your own, even with advice from this web site. You need advice tailored to your own unique situation and not the kind of generalities we are able to provide here.

Good luck.

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Answered on 4/04/04, 9:22 pm


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