Whats going to happen to someone with felony charges? 5 Answers as of March 24, 2011

I know someone that has 5 pc459 (going into a store with the attempt to steal). They are all felonies and he has court soon. I have a bad feeling that he is going to go to jail. What could happen? What are the worst situation and the best situation? Are both situations going to have jail time?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
When charged with a felony, you potentially face one or more years in prison if convicted, on a misdemeanor you face up to 6-12 months in jail on each count. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc.

Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. 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, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/24/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What you describe is a charge of second degree burglary. The penalty for that crime ranges from 0 days to 1 year in the county jail OR 16, months, 2 years or three years in state prison. The absolute best that could happen is that he is not convicted of a crime. The worst is that he is onvicted of all five instances and, beause of the large number of burglaries, the court sentences him to the upper term of 3 years on the first and an additional 2 years , 8 months consecutive for the balance.
Answer Applies to: California
Replied: 3/24/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Your friend needs a good lawyer in a big way! But if he can't afford one he'll get the Public Defender. Something like you're describing could very well carry jail time, but there is also the possibility of no jail time depending on his specific circumstances (especially if it is a first offense.) The max is probably in neighborhood of 10 or so years but that generally doesn't happen.
Answer Applies to: California
Replied: 3/24/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Has he gone to his first court date yet, If not then the DA may file these as Misdemeanors. In any case these are commercial burglary charges and are serious. If charged as Misdemeanors then he would be looking at jail time. If charged as felonies he would be looking at either jail, or state prison.
Answer Applies to: California
Replied: 3/24/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
He needs to appear at his first court appearance and ask for time to hire an attorney or fill out a form to see if he qualifies for a public defender. If he has already been arrested he has likely already bailed himself out of jail and has a bond. If he hasn't bonded out yet, the court will set the bail at the first hearing and he will have to post bail. There is a very slim chance they will ask for remand into custody. If they do, then he will just be placed in custody and can post bond then.
Answer Applies to: California
Replied: 3/24/2011
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