Legal Question in Criminal Law in California

i was given a ticket for (PC148a1) RESIST DELAY A PEACE OFFICER. I've been in prison and parolled in 11/04. can i go to jail for this? do you recommend i seek a lawyer?


Asked on 8/01/09, 12:08 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It's more likely than not that any sentence would include jail time, depending on the nature of your prior(s). Reasons to hire a lawyer: We might find, and get you off on, a technicality. You won't have to go to court. A good lawyer will prepare your case for trial, not just show up on the date of trial and tell you to plead guilty, which is essentially what the public defender would do. Your 148a1 can't be that big of a deal, since you were cited not arrested. It's hard to figure the odds of winning without interviewing you and seeing the police report. But in general I work harder and do better for my clients than the public defender does.

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Answered on 8/01/09, 1:36 am
David M. Wallin Law Offices OF David M. Wallin

It couldn't hurt to talk to a qualified attorney as most criminal attorneys allow for free consultations. Then you can go over the particulars of your case and see if the attorney feels they may be able to help...If you are not on active probation or parole this is a misdemeanor holding from 0 time to 1 year in county jail. These charges do not include jail in many situations , however you would be on probation for up to 3 years.Find a lawyer in or near your area or you can call me for a free phone consultation , even if it's not in my neck of the woods.

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Answered on 8/01/09, 3:36 am
Terry A. Nelson Nelson & Lawless

Yes you could be returned to prison, on a parole violation. And you could be sentenced to jail or prison on the violation with your priors and strikes. It's up to you if you hire an attorney, but most people probably would, to maximize their chances of avoiding time. Feel free to contact me if serious about doing this right.

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Answered on 8/03/09, 1:19 pm


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