Pc496a 667.5b what will sentancing be?

Asked 11 months ago - San Bernardino, CA

My fiance had 1 previous felony three years ago and got a new charge of pc496a he was out on bail and missed a court date so he called his bailbond and got a readmit and was told to walk into court and get put back on the callendar but he got rearrested at court and charged with 667.5b on top of his previous charge. He wasnt on parole or anything during all this so what will his sentencing be and why did they rearrest him when he had a readmit? They also raised his bail whys that?

Attorney answers (4)

  1. Joshua Peter Visco

    Pro

    Contributor Level 10

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Bail was raised because he missed court, as the other attorneys have said. It also may have been raised due to the 667.5(b) allegation being added. The 667.5(b) by the way, is an allegation that he has a prior state prison commitment. It adds one year to the sentence. So, assuming he has no strikes and he's charged with one count of 496, and one 667.5(b) allegation, his max exposure would be four years in county prison (not state prison, unless he has some other disqualifier). 496 can also be a misdemeanor, punishable by up to a year in county jail.

  2. Greg Thomas Hill

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . They raised his bail because he missed his prior court date. Bail is property you vouch as collateral to give up if you fail to return to court. The prior amount was not apparently enough to motivate him to show up. Now it is higher and maybe, since he now has more to lose, he'll show up if he posts it.

    It is absolutely impossible to tell you how he will be sentenced. You have shared no facts about the case. What was the value of the stolen property received? How did he get it? Who's was it? How long did he have it before being arrested? What was it? Are there any co-defendants?

  3. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Nobody can predict what a sentence might be. It depends on the facts, what charges he is convicted of and what his attorney can work out on his behalf. The fact that he's been to prison within the past 5 years hints that there'll be some decent time for this conviction.

    Sure, his bail company can reassume the bond, but the judge doesn't have to authorize the same amount of bail - especially with a missed court date and an amended complaint adding the prison prior.

    Could you bail him out again? Yes - at the new rate. It'll get pretty expensive to get him out.... and it may only be for a short time if he's likely to be convicted and sentenced to any length of time. Figure it this way - let's say the bail is increased to $50,000. You'd pay anywhere from 8-10% of that ($4,000 to 5,000) to get him out. If he remained out for three months and got convicted and sent back, you've basically paid $1,300 to $1,600 per month for him to be out. That's an expensive way to get him out. Besides.... he'll get credit for the time he's doing now against his sentence.

    Food for thought.

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

    Contributor Level 20

    2

    Lawyers agree

    Answered . Bail is up because he blew off the court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,636 answers this week

3,274 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,636 answers this week

3,274 attorneys answering