I was cited for a misdemeanor charge of furnishing alcohol to a minor, and am scheduled to appear in court. I have a criminal record, and did state time 3 years ago. Is this case going to cause me to do another prison term, or some county jail time because of my record? Are my past offenses going to be used as priors?
2 Answers from Attorneys
The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc. However, yes,, your priors and strikes will be considered for enhancement. If you are still on probation or parole, that is a real problem for you. You'd better take this much more seriously than a 1st timer. If serious about hiring counsel to help you, feel free to contact me.
Mr. Nelson is correct. But if you are no longer on parole, you cannot be sent to state prison on a misdemeanor. If you are on parole they may violate your parole and either send you to state prison or jail in lieu of prison. Certainly your record will be used against you. Of course you can be incarcerated in the county jail for the misdemeanor regardless of whether or not you are on parole.