The police were not called by me, but by a security officer at my apts who noticed us arguing. He called the police and they came to my house and noticed I had a mark on my face and took pictures. I didnt want to file charges but they arrested him...
At the Early Disposition Conference ("EDC"), your boyfriend's attorney (whether private counsel or public defender) will have a chance to discuss the possibility of resolving the case, by way of plea bargain, with the Deputy District Attorney assigned to handle the felony matters set for EDC on that day. Your boyfriend's attorney will also have the chance to discuss the facts of the case with the judge, and ask the judge what his 'indicated sentence' would be if he were to find your boyfriend guilty of having committed a violation of Penal Code Section 273.5(a). The Deputy District Attorney has the authority to agree to reduce the charge from a felony to a misdemeanor, but the judge has to approve any such deal. Depending on the severity of the apparent injury you suffered, as well as your boyfriend's criminal history (including the prior conviction you mentioned), negotiating a favorable deal may become easier or possibly more difficult.
If no resolution can be negotiated at the EDC, your boyfriend's case will proceed to a preliminary hearing, at which you would likely be called to testify. You may be contacted by a victim-witness advocate, who would guide you through this process. Whether or not you agree to testify, you must comply with a validly-served subpoena. At the hearing, the Deputy District Attorney will be required to present sufficient evidence for the judge to determine that your boyfriend should be held to answer to the charge at trial. The burden of proof at a preliminary hearing is only 'probable case', and not 'beyond a reasonable doubt'.See question
He has a prescription for Desoxyn which tests positive for methamphetamine. The medication is used to treat ADHD which he has lived with since he was a child. Now his Probation officer turned in a report to the judge stating that my husband admitt...
Without knowing what your husband is on probation for, how many prior probation violations have been alleged/committed, what judge he is in front of, etc., it is almost impossible to determine how much jail time he may be facing.
If your husband is on probation for a felony drug-related offense, for example, he may see very little jail time, if any, and instead be referred to a treatment program if he isn't already in one. If your husband is on probation for an offense that is not drug-related, but has already violated his probation on another occasion, the judge may consider giving him a short jail sentence.
Regardless, your husband has the right to deny the alleged probation violation and insist that the People of the State of California prove that he committed the alleged probation violation at a hearing. If the probation officer alleged the violation on nothing more than an apparent admission, there won't be much evidence for the People to present at the hearing. If a forensic sample was provided, however, and the lab analysis revealed the presence of methamphetamine, a split of that sample should be requested in order to have it re-tested. Your husband should consult with a forensic toxicologist in order to determine whether or not his ADHD medication could cause a false positive for methamphetamine (as opposed to amphetamine, for example).
Your husband should also consult with an attorney, as an experienced attorney would be in a better position to try and minimize any potential penalties associated with this alleged probation violation.See question
both times wrer in the state of california my the same companey (Sophora) both were between $200 and $300. i know the firt one was dismissed but im not sure if it was expunged. and yhe police looked uo my recods and nothing came up from my past? s...
California Penal Code Section 666 provides that:
"Notwithstanding Section 490, every person who, having been
convicted three or more times of petty theft, grand theft, auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496 and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for that offense, is subsequently
convicted of petty theft, then the person convicted of that
subsequent offense is punishable by imprisonment in the county jail
not exceeding one year, or in the state prison."
Even if your prior conviction for petty theft was in fact dismissed (i.e. "expunged"), it can be used against you in a subsequent prosecution for petty theft with priors (see Penal Code Section 1203.4). That being said, a misdemeanor petty theft would only be considered a felony if you have the requisite prior convictions (e.g. three or more petty thefts). So the answer to your question is that based on the information you provided, this current petty theft incident could NOT be charged as a felony.See question