My boyfriend was arrested in southern california on friday his charges were posession of controlled substance ,gang membership, and vandalism. I know he has been in prison before but I am not sure what those charges were for but I think they might be similar to the new charges. He also mentioned to me was he had been on parole but he violated parole and left out of the country but the weird thing is that nothing about his parole has been mentioned to him now that he is in jail. I really dont know whats going on or how any of this works i have never had to go through this.
Criminal Defense Attorney
First of all, stop talking to him about his case on the phone and at visiting. When you hear that voice that says the calls can be recorded, they aren't kidding, and I've never seen a case where those jail calls helped the client.
It's absolutely impossible to give you a meaningful answer without knowing the exact charges involved. He could be looking at substantial time in prison for the charges and gang enhancement; if he's served prior prison terms, he could be looking at additional time for those, too.
A single prior prison term could add a year to the potential sentence. If his prior convictions are for felonies listed under the Three Strikes law, his sentence could be doubled, and this could possibly turn into a 25-life case.
It will be easier to determine the possible sentence once the DA files charges. His attorney -- whether it's someone he hires or a court appointed public defender -- will have a clear picture of the case than a stranger on the internet who has only minimal information
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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Criminal Defense Attorney
By now, I am sure you are aware that your boyfriend is facing extremely serious charges with potential state prison time. He could be facing a parole violation.
Nobody here can tell you for certain what he get--only the attorney handling his case would know, because that attorney would have all the evidence, and understand the strengths and weaknesses of his case. If you have not done so already, consult with a criminal defense attorney, and consider retaining one who is experienced in these matters.