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.
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. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.
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 relationship as this forum does not provide for a confidential communication.
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.
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 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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