Legal Question in Criminal Law in California

repeat offender on parole

I would like to know if you can give me a general idea of what kind of prison time my boyfriends looking at? He's new to parole and already served 16 mos prison time .He was caught ''cheating''on how you are supposed to exchange a wrong item for the right one. He simply bought in the one we didnt need,put it on the self and got the right one and proceeded to walk out of the store a total of $6.44 and said he was stealing the item, but in all actuality he didnt steal anything he just exchanged it the wrong way-a bad transaction,He was very sick with the flu and couldnt stand in the long lines. Never thinking of course hed be charged with stealing and go to prison with a new charge.The problem is this is his 3rd burgerly charge.Whats going to happen do you think????? Thanks


Asked on 4/27/02, 11:36 pm

3 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: repeat offender on parole

Thank you for your posting. If your boyfriend had two "strike" offenses in the past, this might be a strike case. This means possibly 25 to life in prison. As Ms. Rubio mentioned, there are other possibilities, and your boyfriend's attorney will want to perhaps reopen a prior case to have that case closed, or otherwise find a way to avoid severe prison time in this case.

Best of luck, and I hope this helps --- but if you have any other questions, please feel free to email my office.

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Answered on 4/28/02, 2:39 pm
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: repeat offender on parole

Usually there is a 3-year parole period following a prisoner's release from the state prison. I am assuming that your boyfriend is currently on such parole. Any parole violation can be punished by up to a year in the state prison, of which the parolee usually does about 8 months. There are alternatives to this outcome, depending on numerous factors, including, but not limited to how long he had been on parole prior to this violation, and how many previous violations of any kind at all he has committed, according to his Parole Officer. His repoire with his P.O. up until this point is very important, as well as whether this results in a new conviction. Is he now charged in a new case with a commercial burg? Or is he simply being charged with a parole violation?

I had a very similar case out of Fullerton Court last month where the client was offered a drug program on a commercial burg charge (this was both a new felony case as well as a parole violation). Alternatives to the year-long return to prison can happen, although it takes a bit of work.

If I can be of further assistance, email me or call me at (714)879-5770. Good luck to both of you.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

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Answered on 4/28/02, 1:04 am
David Diamond Diamond & Associates

Re: repeat offender on parole

If his prior burglary's are "strikes" he is looking at a severe jail term. You will want to do everything to get this charge off with a no-filing. Please contact my office at 310/277-1707 to further discuss your legal options.

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Answered on 4/29/02, 12:43 pm


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