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New charge 459 pc, 594 (b)(1) pc, 647 (h) pc, V.O.P., what am i looking at for time?

Salinas, CA |

what kind of time am i facing? i have priors. today they escalated the new charge to felony. need to know for my wife and kids if they will take from court tomorrow.

Attorney Answers 3

Posted

Maybe, maybe not. You could make bail. As far as the time goes, it is dependent upon whether or not you are sentenced concurrently or consecutively.....whether or not your charges are enhanced by the prior conviction....and whether or not you can plea to one offense and have others dismissed.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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Posted

You shouldn't pay any attention to advice coming from an out of state lawyer. The only charge that could be elevated to a felony is the 459 burglary. If it is in the 2nd degree the sentence could be 16 months, 2 or 3 years in the state prison. If found guilty your priors might have some affect on the term you are sentenced to. The other two charges are misdemeanors and if convicted of each that time would run concurrently with your state prison sentence.

There is no way to predict based on the information here whether you will be remanded or not.

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Posted

Your exposure on your new case appears to be 3 years and 8 months. However, if you're on felony probation a new case can result in revocation and sentencing on that old case, in addition to the punishment in the new case. You situation appears complicated and you should obtain a consultation from a defense attorney so the facts of your situation can be better addressed.

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