Legal Question in Criminal Law in California

Question on burglary....residential

My boyfriend is currently in jail for burglary. His Public Defender is trying to get the case dismissed for illegal search and seizure. The questions I have are: 1. If case does go to jury trial, how does the trial process work, what is the maximum time he can get (he does have prison priors) who decides how much time he gets, if he loses can the jury give him a prison prior and how many jury members it takes to find you guilty. I know that is alot, but we dont know a thing about it. No other felonies or violence or anything. Thank you in advance


Asked on 6/07/09, 8:39 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Question on burglary....residential

Since he has a public defender, I doubt there will be a jury trial. He will be told to plead guilty. If he wanted a jury trial, he would have hired a private lawyer.

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Answered on 6/07/09, 10:23 am
Joe Dane Law Office of Joe Dane

Re: Question on burglary....residential

Something is missing. You say he has prison priors, but then you say "no other felonies or violence or anything."

The sentencing range for a residential burglary is 2, 4 or 6 years in state prison. If he has prison priors, they can add 1 year for each. If those priors are for strikes, then the sentence would be doubled and there could be a 5 year prior under 667(a).

Without knowing his exact record and the exact way it's charged, there is no way to determine his maximum sentence - the best I can do is the above information.

How does the trial process work? That's a whole different question. The prosecution is bringing these charges and it's their burden to prove the defendant guilty beyond a reasonable doubt through the presentation of evidence.

It takes a unanimous vote (all 12 jurors) for a verdict either way. If it's 12 for guilty, there's a conviction. 12 for not guilty and it's an acquittal. Any split, even 11-1 equals a hung jury and a mistrial, meaning he can be retried.

Sentence is never up to the jury. That's up to the judge.

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Answered on 6/07/09, 11:31 am


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