Legal Question in Criminal Law in California

Jail.

The law:

Any person convicted of violating this subdivision is guilty of a is demeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail. ... in all cases in which probation is granted [shall] require, as a condition thereof, that the person be confined in a county jail for at least 90 days.

Priors and repeat offenses make the DA and court more unhappy with you. You can speculate on the outcome.

It is impossible to know what the DA will be looking for with a case like yours. It really depends on the facts of the specific situation, the county your located and the individual DA you are dealing with. Mr. Nelson is correct and has quoted the law to you. The time period is not less than 90 days and not more than 1 year in county jail.

If you want more specific information you need to provide more facts and more back ground information. You need an attorney. If you can't afford one the court will appoint the public defender. However, if you can afford one, I suggest you get a private attorney and start getting pro-active regarding this latest charge.

If you would like to contact our office feel free to contact us through our web site at: www.brianmcginitylaw.com .

Good luck