Legal Question in Criminal Law in California

I plead guilty to misdemeanor commercial burglary in San Jose, California. After credit for 4 days served, I was left with 26 days of remaining jail time to be served doing labor instead of jail time. Shortly after registering and beginning to work off my sentence, I injured my back and was immobilized for a great deal of time. I did go back to doing the work, but unfortunately not enough time remained for me to complete all of my hours before my court date. My lawyer explained the situation in court but the judge said that the probation department reported that I had not completed any hours and he issued a warrant. Obviously, the probation department in Westminster, CA and the one in San Jose, CA failed to communicate with each other. Now, my lawyer says I need to go to court and talk to the judge, and I will likely be incarcerated with time added to my sentence.

I'm also on DEJ for a misdemeanor possession charge. Being incarcerated will cause me to not complete the terms of that probation. That court will likely issue a warrant due to my inability to appear or complete that program.

My questions are:

After all is said and done, how much jail time am I looking at for both the commercial burglary, and my inevitable failure to complete my DEJ?

What recommendations do you have regarding how I should proceed given the situation I have described above?

What worse and best case scenarios do you predict for my situation?

Thank You In Advance For Taking The Time To Help Me With This Matter,

--Robert


Asked on 11/20/10, 7:03 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are going to have to speak to an attorney at length. First of all, you do not state what the underlying charge is that you are on DEJ for. Failure to complete DEJ usually results in a conviction, and then placement in Proposition 36, which is rehabilitation in lieu of jail or prison. You may have problems if you were placed in the DEJ program, and then picked up a conviction for burglary, because DEJ requires you to keep your nose clean.

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Answered on 11/27/10, 2:26 pm


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