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My husband is in custody these are his charges a 470pc, 484 (A)pc, 211pc, 459pc 2nd dgr, and 3455pc how much time is he facing?

Modesto, CA |
Filed under: Criminal defense

He says they will drop some charges! Also California jails/prisons are overcrowded.

Attorney Answers 4

Posted

The amount of time that he is facing depends on a variety of factors. You are correct that California is having issues regarding overcrowding. In fact, new laws now have those who would have gone to prison for a lot of matters, serving their time in local county jail. Hopefully, your husband will get minimal time in local jail, but the max he could get would be prison time, based on what you have described.

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6 comments

Asker

Posted

Thanks for answering! He mentioned that there was a possibility of him serving his time in county, does that mean he could get less time?

Jill Marie Cremeans

Jill Marie Cremeans

Posted

It could mean that, and probably does. Anytime you can serve your time in county jail, it's a better deal.

Jill Marie Cremeans

Jill Marie Cremeans

Posted

I say it's a better deal, because most people prefer to do their time in local county jail, however, there are situations where you could end up doing less time if you went to prison instead.

Asker

Posted

He has a been to prison before. His bail for 211 pc is $80,000 I just hip he gets a few moths

Asker

Posted

And what is a 3455 pc?

Jill Marie Cremeans

Jill Marie Cremeans

Posted

PC 3455 deals with post-release supervision. If you are seeing it with the charges, it might be that he is on probation already for something else.

Posted

It's difficult to give you an accurate answer without knowing more facts about this case. The PC 211 alone carries a max sentence of 5 yrs in state prison and is considered a strike. The other counts can add additional time depending on the circumstances of the case. You should definitely contact an attorney to review the case further.

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5 comments

Asker

Posted

Could they give him less time because of overcrowded prisons and jails?

Asker

Posted

Could they give him less time because of overcrowded prisons and jails?

Jayan Hong

Jayan Hong

Posted

Most judges will not consider overcrowding in the sentencing on a PC 211, but this again will depend on the facts of the case. If the 211 is dropped then the door opens to a lot more sentencing options.

Asker

Posted

His 211pc bail is $80,000 is that bad?

Jayan Hong

Jayan Hong

Posted

The local bail schedule for a 2nd degree 211 is $50,000 so if he has an $80,000 bail that may be due to the additional charges or prior prison commitments or due to the circumstances of the case which calls for an increase in bail.

Posted

He is facing some significant state prison time. It is true that California prisons are overcrowded, but they have relieved some overcrowding by kicking non violent offenders early. His charges of 211 and 459 cause him to be known as a violent offender. 211 and 459 are both "strike" crimes under California's "Three Strikes" law. If he is convicted of both of those counts and receives a third strike down the road, then he will face 25 to life.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

He is facing extremely serious charges. A plea bargain almost always results in dropping of charges. The fact that the DA is willing to drop some charges is standard. He is looking at many years in prison.

If he doesn't have an attorney he needs one. A public defender is provided free of charge. If the family has money and wants to hire an attorney, they should do that sooner than later.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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