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What would the sentencing for 2 first degree burglary charges be, and a felony drug charge/probation violation?

Costa Mesa, CA |

If he/she was bailed out and granted probation for the burglary and then was caught once again whilst on probation (with a felony drug charge) and put back in jail with a very high bail. Now there are 3 cases that are being worked on, 2 felonies and one misdemeanor.

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Posted

If the person is on probation and picks up a new case his probation could be revoked and a sentence imposed. Your question is a little unclear about the new case(s). If there are three new cases it may be difficult to avoid some time in jail/prison. He needs to consult a lawyer.

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Posted

Thank you for answering, yes he had 2 new cases that were picked up making that 3 total that are being worked on. He has been in jail for 3 months now with a couple lawyers working on his case.

Posted

Your question is a little unclear. If they were out on bail when they picked up a new felony, that could potentially add two years. If you were on probation and picked up a new case, in addition to punishment for the new case they could receive additional time on the probation case.

A first degree (residential) burglary is a serious felony and is a "strike" in the three strikes law. It carries a presumption that the person will go to state prison instead of county jail and probation. If that is the case, the minimum is two years served at 80%.

There may be legal or factual defenses to these charges and the stakes are very high so obviously this person needs the best attorney they can find.

Please pardon any typos - posted via mobile device.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

Probation revoked and sentence imposed. I am not clear on the other charges specifics. See an attorney.

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Posted

The phrase "very high bail" has me concern with two first degree burglaries because first degree burglaries are strikes and if this is the possible third strike then there would be "very high bail." It's all speculation without knowing the specifics, but three strike opportunities are for 25 years to life, with the emphasis on life. My recommendation is to ask a criminal defense attorney for a free consultation to discuss further because many questions remain. I wish your friend the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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