Hi my friend is facing two criminal charges in California. Grand theft in violation of the California Penal code 484-487 and Computer access to obtain money in violation of California Penal code 502. I want to know what would be the best outcome of plea bargaining, can he plead guilty to 1 charge and the other be dropped and if so what kind of time he is looking at?.
If convicted will he serve his time in state prison or county and how is the time served calculated in California such as will he serve 50% or how does credits work.
I would be grateful and delighted with your opinions.
thank you so much Joseph Briscoe. My friend has no criminal history at all he was a tax paying citizen with a good job as an account. i cannot go into the particulars of the case but the money that was taken is in excess of 3.2 million and in terms of restitution every cent has already been returned. one other question i have is, My friend is not an american citizen he is from europe so i want to know if he might be able to serve 50% of his time in California and the rest back in europe e.g UK thanks once again
Criminal Defense Attorney
Unfortunately, there's no straightforward answer.
What a person actually receives as a sentence depends on many, many factors. The person's criminal history, the particular facts of the case (and in particular, how much money was taken in this case), the sophistication of the offense, whether restitution has already been paid back, the judge, the jurisdiction and to some extent their defense attorney.
Can there be a plea bargain for only one count? Yes, potentially. It again all depends on the case, the DA and your friend's attorney.
If sent to state prison, yes, it appears to be a"half-time" case under Penal Code section 4019. If he gets time in county jail, he serves two thirds of the sentence unless released early. (It's technically 2 days credit for every 4 served).
All these questions can be answered by your friend's attorney based on a discussion of the facts and a review of the police reports against your friend. Your friend is looking at two felonies with several years state prison as a potential maximum, so they need a good attorney ASAP.
Criminal Defense Attorney
I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.