Legal Question in Criminal Law in California

3 Felony charges - Sentencing /Prison??

My drug addict brother was arrested on Dec 15 - charged with HS1178 and PC12020(A) / meth 2 oz + gun. They pre-trial release him on his OR the following day. Due back in court on Jan 17, 2006 - NO SHOWS, of course. Gets arrested again on 1/30 for PC666 - petty theft with prior. Once again, he is pre-trial released on his OR the following day. I do not think the Jan 17 no show was in the system yet.

Three felony charges in total; $15k bail on both. Prior misdemeanors & traffic no shows over last 15 years

Q1. How is he managing to stay out of custody?

Q2. What is he looking at vis-a-vis prison time (yrs.) once they do catch him?

I am a civil defense attorney in Michigan, and have advised my mom the picture is, understandably, grim. Your thoughts?


Asked on 2/03/06, 5:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: 3 Felony charges - Sentencing /Prison??

Slipped through the cracks did he? HE shouldn't have been granted on the second arrest, but ok, mistakes happen. He's facing at at least 1 yr on each count potential, plus any probation violations. The reality though, with crowded jails, is probably a minimum couple months jail time, maybe six months tops, but no guarantees he won't run into a DA and judge that want to get his attention with prison time. Welcome to the CA revolving door system.

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Answered on 2/03/06, 7:39 pm


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