Legal Question in Criminal Law in California

I also wanted to point out that he may be given a plea agreement. This will consist of the felony charge being dropped to a misdermeanor charge and he'd be given a year. BTW he has had previous convictions of DV on his ex-wife and is on parole still because of it. If a deal is given will he automatically be violated because taking the deal is pleading guilty or does he have the chance to beat his revocation hearing? I have only been supoenaed by mail


Asked on 8/23/09, 5:31 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

I assume you asked the prior question about your boyfriend, who is being charged with a felony violation of Penal Code �273.5(e)(1). The (e)(1) means he has a prior conviction, which would increase his maximum punishment to five years in prison, with an additional year for serving a prior prison term.

The misdemeanor with a year in jail sounds like it might be a pretty good deal, especially with your description of your injuries. If the assault on you is the only grounds for the parole violation, it would run concurrent to his jail time.

If you received a subpoena from the DA in the mail, the service is only complete if you contact the DA, identify yourself and acknowledge receipt. If you did not do that, you were not validly served.

Read more
Answered on 8/23/09, 10:11 pm


Related Questions & Answers

More Criminal Law questions and answers in California