Pc 30305(a) 11377(a) 11364(a) and 667.5(b) in riverside county how much jail time will a person do with these charges

Asked over 2 years ago - Hemet, CA

if someone is currently incarcirated for violation.has no bail, and awaits court on these charges pc 30305 (a) 11377 (a) 11364 (a) and 667.5 (b) how much jail time will they do?

Attorney answers (5)

  1. David Jon Pullman

    Contributor Level 19

    6

    Lawyers agree

    Answered . Nobody can answer this question. It depends on the particular facts of the case, the defendant's criminal history, the strength of the evidence, and the availability of any legal defenses. This is for the defendant to discuss with his/her lawyer.

  2. Jeffrey George Moore

    Contributor Level 15

    6

    Lawyers agree

    Answered . Mr. Pullman is correct. There is no way to answer the question asked. The defendant faces up to a maximum of 4yrs8mo in prison for the charges stated. However, your comment about "violation" and "no bail" is a little puzzling. Riverside County almost never sets no bail holds except in very serious (ie. death penalty) cases, or after trial pending sentencing. Alternately, bail can be effectively denied by an ICE hold, a parole hold, or by a warrant from another state. So, if the defendant is not awaiting sentencing after trial, his sentence on this case, there is something else going on that needs clarification.

    So long as the defendant is eligible, he/she should do about half of the sentence imposed before being released on parole.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    5

    Lawyers agree

    Answered . Mr. Pulman and Mr. Moore are correct. You are asking us to guess what some judge would do if this person were to be convicted of the charges. Also we do not know what the "violation" is. Whether a probation or parole violation, depending on the circumsatnces of the violation, the person could do 3 years on the 30305 + 8 mos. on the 11377 and a year for the prison prior and the "violation". [These time periods also do not consider a strike background which could drastically impact the amount of time and credits.]

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Stephanie Michelle Arrache

    Contributor Level 12

    4

    Lawyers agree

    Answered . I am guessing that there is a probation violation involved and it's not the first time. Usually it's no bail when it's a felony violation and there have been prior violations. As the other attorneys have stated, it's difficult to determine what the person is facing without knowing more. Based on the 667.5(b) charge, I assume there is a prison prior. You need to find a defense attorney for the person. They are facing some serious allegations and serious time in prison. If you'd like to discuss this in person, you can call me: 760-778-7615. Good luck!

    The above stated is advice only, and does not establish an attorney-client relationship.
  5. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As charged, they are looking at 4 years 8 months on the listed charges. If charged differently, i.e. 12370.1 H&S if supported by the evidence the maximum goes up to 5 years.

    Bottom line? They need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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