Legal Question in Criminal Law in California

Pc496a

in 1995 i caught my first case rec. known stolen prop over $400.00 I got 180 days & 3 years fel prob. I eventually screwed up enough w/ a new case caught a 2 yr prison term. well last month i just got busted for pc496a again. what am i looking @


Asked on 4/18/09, 7:25 am

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Pc496a

A lot depends on whether it was a 459 first (residential) or second (commercial or vehicle).

It also matters the exact date of when you went to prison. You may be facing an additional year for committing a new felony while not staying out of prison for over 5 years.

I don't know what the second case was for either - if it was low term (2 years) on a residential burglary, then it will be charged as a strike, doubling any sentence on the new case and making you ineligible for probation.

Too many variables to answer based on what you wrote, but I'm sure you figured out you're in deep. You need a good, aggressive criminal defense attorney to fight the case and/or get you the best deal possible.

I'm in Orange County, but practice in San Bernardino as well. Let me know if you want to come in and discuss this further.

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Answered on 4/20/09, 9:40 am
Terry A. Nelson Nelson & Lawless

Re: Pc496a

25 to life, if you have two prior strikes. If you're serious about getting legal help in this, feel free to contact me. You may have defenses or factors your attorney may be able to use to get you a better 'deal' than that sentence, or to defend you with at trial.

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Answered on 4/20/09, 1:48 pm
Terry A. Nelson Nelson & Lawless

Re: Pc496a

25 to life, if you have two prior strikes. With one prior strike, doubled sentencing on this charge. If you're serious about getting legal help in this, feel free to contact me. You may have defenses or factors your attorney may be able to use to get you a better 'deal' than that sentence, or to defend you with at trial.

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Answered on 4/20/09, 1:49 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Pc496a

Because of your priors the DA will no doubt attempt to put you in state prison again. This means you need to get a good lawyer to defend your case. In this day and age when the state is being forced to release nonviolent prisoners from state prison, a good result. i.e., something other than state prison, might be possible for you, even if the best option will be to take some kind of plea. It is of course entirely possible you might be able to beat your case, although it is difficult to give you a more informed opinion without knowing more facts.

I recommend you call at least a couple of attorneys to get a sense of who might be right for you.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/21/09, 1:16 am


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