Legal Question in Criminal Law in California

I'm wondering what type of sentencing to expect for a member of the family. Defendant is 15 years old and was charged with burglary (CA 459 PC) in the first degree while breaking and entering an occupied residence and attempting to steal a firearm (was attacked by the inhabitant in self defense).

Defendant was later arrested for vandalism in a separate incident a month later and has two (2) prior misdemeanors at the informal/traffic juvenile court. What if any weight will the defendant's history and most recent charge have on the arraignment for burglary?

Arresting Police officers (for the burglary incident) mentioned they intend on trying this person as an adult. If that's the case, is it possible for the judge to incarcerate the juvenile while awaiting adult trial?

Many thanks!


Asked on 2/16/10, 1:22 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The sentence will be whatever the judge, DA and the defendant's attorney can negotiate in a plea bargain, or will be whatever the Criminal Code specifies if he goes to trial and loses. Whatever facts, evidence and defenses he has will be used by his attorney in negotiations, motions or at trial. If he is arrested and jailed, then he'll either sit there or you can bail him out. The choice to try as an adult is up to the DA and judge, and is part of what your attorney will deal with. If serious about hiring counsel, feel free to contact me.

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Answered on 2/22/10, 11:21 am


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