Can jail time be avoided on a first time prop 36 violation? 3 Answers as of May 09, 2011

If someone commits identity theft and check fraud, can jail time be avoided when it is their first violation on prop 36?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Because it is not a drug offense you can go to jail. Get an attorney.
Answer Applies to: California
Replied: 5/9/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
If I understand your questions correctly, it sounds like committing the crimes of identity theft and fraud are the Prop. 36 violations. If this is the case, you have a bigger problem in that these are actual new law violations and, presumably, cases, more than they are Prop. 36 violations. In any case, whether jail an be avoided under this scenario isn't so much a Prop. 36 issue as it is an issue of what happens if you are convicted of identity theft and fraud. The bottom line, you really need to speak with an experienced criminal attorney to thoroughly evaluate your situation as you may have a new criminal case filed against you. If this is the case, a Prop. 36 violation is the least of your worries at this time. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 5/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Anything is possible, but youll get your answer as a result of going through the system and the process. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict.

If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 5/5/2011
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