That is, without the possibility of parole or post-release supervision, no matter the crime? So, 5 years means all 5 years, not at least 2.5?
If the client is going to be sentenced to probation and county jail, the Judge can make it so he doesn't get early release by the sheriff. This is done by taking the plea and continuing the sentencing for a year while the client is in jail. That way the client does the time between plea and sentencing.
If the sentence is 5 years in state prison, however, there is nothing the Judge can do to make the client serve the entire 5 years. That is up to the Department of Corrections. Of course, if it is a serious or violent felony or there are prior strikes, instead of getting day for day credits (50%) they would get either 15% or 20% credits and therefore do close to the full time.
If this is a Federal sentence, it is an entirely different story! The person who can best answer this question is the attorney who was standing next to the client when he was sentenced!
I've just received a warrant in the mail yesterday for a statutory rape charge 261.5(pc) in California. I met a young lady on a website and later we met in person, It was 3 years ago. A detective called me over 2 years ago and said that she was un...
You may be acquitted or convicted; without a face to face meeting with an attorney to go over the facts, it is impossible to predict. These are serious charges and you should NEVER talk to the police without first talking to an attorney since most of these cases are made through a confession. There are issues with statute of limitations, but the warrant may have been filed within the time frame. Also, if you have been out of state, the statute may have been tolled..
Make an appointment immediately with an attorney who appears in the courthouse where the case is scheduled. Most of us don't charge for the initial interview. If you are out of state, you can scan the letter you received and talk to an attorney on the phone.
Good luck and don't post facts or admissions on public forums!
I'm out on bail. Is there significant difference between a public defender and a private attorney when it comes to getting my case resolved to favorable outcome?
There can be a difference, depending upon the private attorney you hire. In order to get the PD, you must financially qualify. To hire a private attorney you are going to have to come up with a retainer, usually before the attorney appears.
You will be able to spend much more time with a private attorney and, in many instances, not have to miss time from work to go to court. Most PDs do not appear for their clients on misdemeanors; they have to appear at every court appearance. As a private attorney, i appear on behalf of my client so they don't lose their job.
It also depends upon the PD you are assigned. And that may change during the course of the case; different PDs depending upon the court or their rotation. If you are going to hire a private attorney, you need to ask which attorney will be appearing on your case. While you usually will meet with a partner, they often have their young associates make the appearances.
Do your research. Most private attorneys offer a free initial consultation. This is as much for the attorney to review the facts as it is for you to interview the attorney. You must feel comfortable.
Lastly, if you were just arrested and have not been to court yet, a private attorney can be retained NOW to contact the DA to try to keep the case from being filed in court. The PD can't do this as they can only represent you once you have been filed on and the Judge appoints them. On a positive note, if your case needs an investigator, the PD has them at no cost to you.
On November 18th 2015 a friend posted my bail and so I am out on bail. He paid only 1% of $75,000 which is $750. I was supposed to pay additional $750 last week and another $750 in about a week from now. In addition my monthly payment amount is...
If your case is still open and you want to remain free while fighting it, I strongly suggest you borrow money and get current with them or they can take you out of your home and get the bail exonerated meaning you sit in jail. If your case is over, it is more of a contract issue.
Look at it this way; you didn't want to stay in jail so they got you out. They have completedtheir part of the bargain, now you should keep yours. Otherwise Karma .....
I know this has been a long standing rumor, but with the constant battle of prisons being over crowded, it leads to some hope. But my question is my boyfriend was sentenced to 2 years in prison. However, since he had a prior strike that was more t...
One must pay close attention to enhancements as they often include more time in custody as you correctly note. Since it appears to have been a plea bargain, his attorney would give him the gross amount of time, not just tell him 2 years. Many enhancements are also mandated to run consecutively as opposed to running concurrent. The time for that to have been done would have been at sentencing if there was any discretion. It is impossible to speculate without seeing the charging document and his prior history.
If it just happened, he can appeal his sentence by contacting the California Appellate Project (CAP) in Los Angeles. I just had a case where the Judge made an error, CAP filed the appeal and the Judge and DA agreed, saving about 1.5 years off his sentence.
My husband has been incarcerated since 2010 and is set to be released from a CA prison February 2016, he just informed me that they will be transferring him to LA County when he is paroled because he has an extensive violation/ DUI record that sum...
First of all, he needs a criminal DEFENSE lawyer, not a criminal lawyer! In all seriousness though, from your question it appears that he has an outstanding warrant from Monterey Park. He could have filed a PC 1381 request to be brought to that court while he was serving his prison sentence. Having a bad record is not the reason he would be brought to court here, only for an open unresolved case or probation violation.
If it isn't him, when they transfer him to court, they will assign a PD who can ask that the fingerprints be compared. It may just be that he has a common name or has the same name as someone in MP who picked up a case. I understand he has never lived there, but if he drove through and picked up a misdemeanor or felony case, that would explain things. If it isn't him, fingerprints should set him free.
I received a Notice to Appear for a non traffic misdemeanor for "Commercial Filming without a permit". I didn't go to court yet, just received a written ticket when production was shut down (on a very small production...less than $20,000). If ...
If you were just cited and not fingerprinted or photographed, and no criminal case is filed, you should have nothing to worry about. You must be booked (fingerprints and photo) in order for your name to be in NCIC. If you complete the program, you should be ok. Even if you were booked, if no formal charges are filed, the arrest becomes a "detention" and cannot be used against you (PC 849(b)).
If you were the only one in charge when the cops arrived, then you are probably the one that can be cited.
I recently received a "Notice to Appear" NonTraffic Misdemeanor is the City of Los Angeles for "Commercial Filming without a Permit". I was the Assistant Producer and NOT in charge of getting filming permits but the Executive Producer was not on s...
The Production company should contact a criminal defense attorney immediately. I have handled situations like this where the wrong person is cited. If you were the highest ranking person there, then it may have been your responsibility.
You are eligible for the new diversion stature, PC 1000.94 if all else fails.
Brother was recently arrested for stalking but suffers from major mental illness, and we believe he cant make it in jail without suffering a major breakdown is there anything we can do?
You can post bail and get him into a hospital for treatment. If you can't afford the bail premium (between 7-10%), he will be brought to court and assigned a public defender. If he appears to need help, the attorney can ask for a psychological evaluation.
I got a ticket with the wrong spelling of my name. When I received the ticket I had no ID on me (I was not in a car). I was on school campus though so I gave him my student ID #, home address and phone number. If I don't show up in court how will ...
What was the citation for? Even with the wrong spelling of your name, you gave them your student ID with the correct spelling. I cannot speculate as to what will happen without knowing the nature of the ticket. Other than that, it is not your duty to correct the spelling of your name if and when you go to court. I cringe when i hear people, even attorneys, correct the spelling of the name. Let the computer input have errors as they can only help you if there are problems down the road.See question