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Is it possible that 2nd degree burglary charges Judge would not give probation or community service?

Venice, CA |

arrested for 2nd degree commercial burglary returned all items have no prior burglary charges...a theft charge 24 yrs ago..... addicted to meth.. my attorney says a drug rehab would help my case .. i agreed.to but wasnt arrested for drugs... lawyer says i will do outpatient drug program for one year with no probation and no community service.
i find it hard to believe .. how can he be so sure the Judge wont give me prob and com serv?? i thought everyone who does this crime gets probation? Is it possible a judge would give me the year at outpatient drug rehab with no probation or community service?

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Attorney answers 4

Best Answer
Posted

There are special drug courts out there that addicts qualify for without violent offenses/strikes that are outside the regular DEJ and Prop 36 programs. But there is a type of probation for it generally. I agree with the advice already given that you need to talk to your lawyer and be clear on your obligations. Those courts offer a lot of help with getting you on your feet and into jobs programs if you are successful.

I am licensed to practice only in California and the 9th Circuit. This response is informational only and is based only on the general inquiry posted, which may differ from the advice that would be given if further facts were given, or if the inquiry implicates laws which are state specific. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information to provide a more complete, or even a completely different, answer.

Asker

Posted

so you are saying that it is very possible that it is all the judge would give me is drug court which i would be obligated to finish and which has its own type of probation with it.

Trisha Ellen Newman

Trisha Ellen Newman

Posted

Yes. But you need to speak to your attorney handling the case to be sure this is the case. There are other deals attorneys work out with rehab, diversion, drug court, etc. and without being in that courtroom, I can only guess at what is going on based on all the scenarios I have seen in my experience.

Posted

Listen to your lawyer.

Posted

It seems fairly clear that there has been a miscommunication and that you may not have heard your lawyer correctly. Since you have been convicted of an offense, by plea or trial, there are only two basic options for the judge: 1. Deny probation and sentence you to time, probably local time even if this is a felony, or 2. Grant you probation (for 1,2,3,4,5 years depending on misdemeanor or felony offense) with terms and conditions, such as complete an outpatient drug program. Probation is the only way the court has to try to keep you in line and to see that you complete the drug program. I'm certainly not saying that your attorney was 'wrong,' but you do need to ask him again and make sure you understand his answer. Hope this helps.

Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.

Posted

Your lawyer is in the best position to advise you .