My boyfriend was charged Possession of cocaine base(11351.5), sale/transportation(11352), and Possession of controlled substance(11378). A small bag was found on him for personal use. All charges included an ENH of Personally armed with firearm (12022). The firearms were not found on him or in his room but in another persons room renting in the same house. In the end, he took a deal for a 2 yr program at Delancy, 5 yr probation with 15yr joint suspension, 2nd strike. He got kicked out of the program for a fight and is back in jail. We are trying to reduce the 15 yr. Deals were 8 yr(1st judge), then 5 yr(2nd judge), now 10 yr(current judge). We wanted to sign the 5 yr deal but DA wasn't there, then next court came and judge was changed. Is it possible to still get the 5 yr deal?We have a Public Defender, but are unable to get straight answers or advice since we are unfortunately never able to get in contact or spend too much time with her to talk. I was told that if we were to appeal the probation violation, that the case would have to start all over again. We have been fighting this for almost 2 1/2 years now, and he has close to 5 years of credit time. Which option would be the fastest to resolve?
Just because your boyfriend signed a "joint suspended," (the statue and the courts describe this type of a sentence as an "executed sentence suspended," but commonly is referred to as a "joint suspension.") there are still ways in which his case can been positioned to avoid serving that full sentence. Generally speaking, it is highly unlikely if not virtually impossible for him to withdraw his initial guilty plea. So he cannot go back and fight his original case all over again. That said, there are still creative measures and sentencing techniques that can be taken to reduce the sentence he serves. He does not simply have to accept the 15 years to which he previously agreed. In fact, one question I have is how the court reached the 15 year "joint suspended" sentence - depending on how he was originally charged and what he pled guilty to, that might be an illegal sentence and his maximum exposure might actually be less under the "joint suspension." Given the circumstances, he has an uphill battle and will need a criminal defense attorney familiar with the Orange County judicial system, experienced in handling these types of cases, and available to give him the attention he needs and deserves to best help him.
NONE of the violations you list are eligible for reduction per P47. Not one. You're trying to argue the "facts" after the fact which is nothing but a fool's errand. Anything is possible, but it he signed for 15 years "joint suspended" and has now violated, he cannot renegotiate his deal.
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