The answer is yes, instead of requiring him to post bail, the judge may allow him to be released on this O.R. or honor bail. An attorney can help get your Boyfriend out of jail by either seeking a bail reduction or an O.R. release.
The 25 to life sentences can only be imposed when the new third felony is a strike, meaning that it has to be considered a serious or violent felony.
The new three strikes law will imposes the 25 to life sentences on non serious or nonviolent crimes but only if they fall into certain and specific sex, drug or firearm possession crimes. These sex acts include sexual intercourse with one under 16 with the defendant being 21 or older, rape, or any other offense resulting in mandatory registration...
For any criminal case to be filed against you, there must be an arraignment on the charges. An arraignment will probably one of the very first court appearance you will make. The purpose for an arraignment is to inform the individual accused of a public offense the nature of the charge(s). You will be given a chance to enter a plea. The most commong ples are guilty, not guilty or nolo contender. The arraignment process and statutory rights are different depending on your custody status and if...
Accessory after the fact means that the crime has already been committed and is completed. Then steps are taken by someone who did not commit the robbery to help cover it up. For example one might conceal or destroy evidence that the police are looking for that could link the crime to the perpetrators.
You need an attorney to file a pitches motion. A pitches motion will force the police dept to turn over the information you need to discredit the officer's testimony. Contact an experienced attorney right away.
While I have seen cases where Defendants have received up the full 365 day in county jail, that is not common. More commonly most clients without a long history of theft related crimes recive community service and credit for time served. Mitigating factors such as remorse and restitution go a long way.
He needs to speak to an attorney right away. A skillful attorney may be able to keep the case from being filed or get the charges reduced. It is also very, very important that he not make any statement to the police when he turns him self in. I often make agreements to be present when my client turns themselves in so the police do not force my client to make a statement.
While there are enhancement or other special allegations that could increase the punishment, 1st degree robbery is punishable by three, four, or six years in state prison. 2nd Degree Robbery is punishable by imprisonment in the state prison for two, three, or five years.