Legal Question in Criminal Law in California

for first time offense charged with 1st degree burglary can we get it down to misdimeaner and no strike and no prison but do county time. plus she is a co defendant on this case.any advice


Asked on 2/26/14, 6:51 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, who has handled cases like yours for over 26 years, you pose an impossible question. In my practice, I speak to 5 to 10 clients a day, going over all the facts, and then, and ONLY then, can I give then the feedback they require....such as the possibilities of getting a charge reduced......or the possibilities of keeping out of jail or prison....etc...........You need to contact an experienced attorney, and go over ALL the facts..........Then some of your questions can be answered........I wish you well.................David Wallin

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Answered on 2/26/14, 7:53 pm
Terry A. Nelson Nelson & Lawless

Advice? Yes. Hire her an experienced attorney.

More free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

In addition, the honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc.

Every crime carries potential �time� upon conviction. You�ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors� evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much �time� could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. If you had any Priors, strikes or probation violations, that would add formal �penalty �enhancements� and affect the prosecutor and judge attitude toward you.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 2/27/14, 10:44 am


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