Legal Question in Criminal Law in California

What are other qualifying offenses

I am being charged w/a 459 burglury misidemenor and d.a. wont reduce the charge says I have priors. However I only have prior charges filed never convicted all dismissed. The only convictions I have is a d.u.i in 1994 and a few driving on suspendeds last one wasw in 2004 are these qualifying convictions?


Asked on 4/20/09, 1:37 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: What are other qualifying offenses

When they say you have priors - they probably aren't talking about theft priors to make your current petty theft a "petty theft with a prior" under Penal Code 666.

They are taking into account your entire criminal record, including arrests, dismissals, etc. in determining what they are willing to do in a plea bargain.

Your choice is to accept their offer, represent yourself and fight the case or get an attorney to fight for you.

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Answered on 4/20/09, 2:11 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: What are other qualifying offenses

You don't have a "qualifying conviction" issue here. Basically, the D.A. does not have to plea bargain with anyone. They have the power and discretion to refuse to reduce charges or make any settlement offer if they don't like the total picture, which may include how many times you've been arrested

For further information and articles on this topic, you can go to:

http://Dinday.com

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Answered on 4/20/09, 4:23 pm


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