Can my boyfriend avoid jail on credit card fraud and identity theft charges? 6 Answers as of February 23, 2011

My boyfriend has a past of grand theft charge and a DUI. In 2009 was arrested for having possession of marijuana and credit card information of another individual with encoding of the information a card. The case is still going and will be resolved in beginning of March the only problem is they are giving him jail time. In September of 2010 he was arrested again and was in his friends car and the officers found 7 credit cards in the car under the seat he was sitting. He was charged with 7 counts of felony 484e(d) pc. They falsely accused him and he was given 3 years formal probation with 7 counts of felony. In January 2011 he was arrested under investigation the DA had dropped his case because they had no evidence, they were trying to frame him on fraudulent activity again, so he was released with no charge or court date. Now the DA for the first case knows about all these arrests and is holding a grudge on his deal from the second case with 3 year formal probation and is making him go to jail for 16 months! What can we do so he does not have to go to jail? Will the DA agree to giving him house arrest instead or caltrans or programs to attend so he doesn’t go to jail and serve 16 months?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You are asking a complicated question best directed to his attorney or at least an attorney who has reviewed his entire file and knows more about the facts. From what you describe however, if he is convicted of the new charges he will likely serve some time. The offer the DA has made is not for jail but for a state prison term. 16 months is the lowest term available on a prison sentence on such charges of which you serve about half the time. Frankly given his past, his violating his probation as a result of the January 2011 arrest, that sentence is not at all unusual. The only way to avoid that or a substantial county jail sentence would be, if he has a drug problem, to enroll in a residential treatment program and try to get the judge to go along with it. That would likely be his only hope and a long shot at that.
Answer Applies to: California
Replied: 2/23/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The DA does not send anyone to jail or prison. The judge does that. The DA may extend an offer to the boyfriend where he dismisses certain charges in return for an agreed upon disposition. The dismissal of charges and imposition of any sentence also requires the judges agreement. Frojm your pot, it appears the your BF has three separate cases. If so, by statute, any defendant with 2 or more felonies is not eligible for probation except under unusual circumstances. Regretably, you have not described any. Your BF needs a good and creative attorney. Perhaps BF has a drug problem and maybe he would be accepted into a very long drug program instaed of prison. Usually some prison is imposed and suspended. Even with acceptance into a drug program, the closeness in time does not look good.
Answer Applies to: California
Replied: 2/22/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I seriously doubt he can avoid jail (16 months is a prison sentence) but his lawyer who knows how judges view this in the particular court is the best source of information.
Answer Applies to: California
Replied: 2/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can he? Sure, anything in life is possible. Will he? Cant tell you that without a compete review of all the facts, evidence, police reports, rap sheet, and only after discussions with the DA. Sounds like the DA has already gone through the process and offered a plea bargain as a result of those discussions. Thats what he gets paid to do. Now, your options probably are to take the deal or go to trial. That is always the bottom line. It also sounds like you have/had an attorney you are seeking to second guess because youre not happy with the DAs offer. Too late. Getting a new attorney now wont change or improve the deal offered, unless there are dramatic NEW facts and factors to raise with the DA. If serious about hiring trial counsel, feel free to contact me. Understand the risk: losing at trial results in sentencing to the full term[s] stated in the law[s] you are convicted of.
Answer Applies to: California
Replied: 2/21/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
This is not an issue that can be resolved over the Internet. There are questions that need to be addressed by his attorney.
Answer Applies to: California
Replied: 2/22/2011
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