Legal Question in Criminal Law in California

how much time would one be facing with prior record and with the current following charges flash incarceration,burglary,make fictitious check


Asked on 9/01/12, 2:04 am

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

every case is fact-specific ... depends wholly on the extent of the record, the facts of current case, on the attorney and possible several other factors. I suggest you consult with a criminal defense attorney local to you; many of them offer free consultations. Good luck!

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Answered on 9/01/12, 7:17 am
Terry A. Nelson Nelson & Lawless

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, etc.

The charges actually filed by the prosecutor will determine how much �time� and other penalties could potentially be imposed. You�ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors� evidence when appearing for arraignment at the first court hearing.

When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 9/01/12, 4:19 pm


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