Legal Question in Criminal Law in California

it is my first time being in jail and i got charge with first degree burglary and commiting a felonyfor being out on bail and controlled substance charge


Asked on 12/31/09, 2:22 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You didn't actually ask a question, but you are in very serious trouble.

It sounds like you were on bail for the first degree burglary charge, then got arrested for a new felony drug offense.

First degree burglary is residential burglary. It is a felony punishable by two, four or six years in state prison. It is a "strike" under the Three Strikes law, which can be used to increase the punishment for any future felony conviction.

It is also "prison presumptive," which means a person convicted of residential burglary cannot get probation, and must be sent to prison, unless the judge finds it is an unusual case where the interests of justice will be served by granting probation.

If you commit a new felony while out on bail for a felony offense, in addition to time for the actual crimes, you can get an additional two years added to your state prison sentence. However, you have to be convicted of both felonies before this applies.

You definitely need a lawyer. If you can't afford to hire one, you are entitled to an attorney at government expense and the judge will appoint the public defender.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/05/10, 2:33 pm
Terry A. Nelson Nelson & Lawless

You are facing prison, so hire an attorney if you can afford to, or apply for the Public Defender if you can't. No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise your 5th Amendment right to SHUT UP and do not talk to anyone except your attorney about your case. If you are in SoCal, and are serious about hiring counsel, feel free to contact me.

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Answered on 1/06/10, 10:21 am


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