Legal Question in Criminal Law in California

3 mistaminor crimes=?sentance

I am looking for information on sentancing rules for the third misaminor crime committed. The father of my son will not give me information and I am trying to plan for the next school year. He was just arrested for ''petty theft'' for the second time and he got a criminal retraining order as well. All of these will have been within eight months. Will he most likely get jail time or not? Thanks for any info.


Asked on 6/13/03, 2:41 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: 3 mistaminor crimes=?sentance

Thank you for your inquiry.

In general, a misdemeanor sentence cannot be longer than one year maximum. Jail time is always a possibility with misdemeanors, and becomes more likely with priors, but almost no attorney can tell you yes or not to whether or not he would be facing jail time. Depending on the facts of the case, there may be legal or factual defenses that might cause the case to be negotiated to a different offense, or cause the DA not to seek to charge the priors, or even a complete dismissal. The typical offers for a particular court, or from a particular prosecutor or judge, also weigh here, so you may want to find an attorney to defend this action and do your best to keep him out of jail.

I hope this helps, but if you need more information, have other questions, or feel that your son's father needs legal representation, please feel free to email me directly at [email protected]. I'm happy to help you in any way that I can.

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Answered on 6/13/03, 3:10 pm


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