Legal Question in Criminal Law in California

How much time do u face on a stolen fire arm and body armor charges.


Asked on 11/11/11, 11:05 pm

2 Answers from Attorneys

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

I don't face any time, because I haven't been charged with the crimes you mentioned. If you were charged with these crimes, the answer depends on many factors including your prior criminal history -- and whether you hire a lawyer.

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Answered on 11/12/11, 5:17 am
Terry A. Nelson Nelson & Lawless

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 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add �penalty �enhancements� under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

You can also be charged with the same crimes under federal law, all of which carry their own federal felony 'mandatory' prison time.

You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could be imposed if convicted.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through 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, using whatever defenses there may be.

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Answered on 11/12/11, 12:05 pm


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