Legal Question in Criminal Law in California

My son was charged with unlawful intercoarse with a minor and contributing to the delinquency of a minor, and was charged with two misdemeanors, the judge said if he plead guilty he could do A.W.P. instead of jail time. My son went to sign up for A.W.P and the sgt there said he has to do jail time because they dont allow A.W.P. for someone with those charges. He said those two charges are policy listed charges. My son then asked his attorney what he could do so the attorney went to speak to the sgt and told him what the judge had said. The sheriff said he would allow house arrest and he could go to his job or my son could spend nights at the honor farm on work furlough and go to work during the day if the judge approved it. The attorney faxed a letter to the judge to ask him if he would allow this and the judges reply was that he 'wasnt going to entertain this'. So now my son is going to have to resign from his job on monday, and go to jail. Is there anything else we can do? ~Desperate Mom


Asked on 8/19/09, 11:01 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

His lawyer can move to withdraw his plea and fight the charge, since the judge misinformed him that he could do AWP. But then if he is convicted, this judge will probably slam him hard on the sentence.

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Answered on 8/20/09, 10:18 am


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