Legal Question in Criminal Law in California

WOW!

Does a 496(a) charge carries a year(MAX)?

(subdivision (h) of Section 1170)

That's SERIOUS to me...

SERIOUS enough TO CALL THE ARMY for Terrorist Threats...

DOE'S ANYBODY GIVE GOOD (GODLY) EVIDENCE, without wanting cash...?


Asked on 4/12/12, 3:38 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

yes ... but keep in mind, anything other than a traffic ticket carries potential jail time. Some misdemeanors carry up to 3 months max, some to 6, some to a year. Any and every criminal case carries potential jail time; that's the difference between criminal and infractions (tickets.)

That does not mean you will end up with one year in jail, or any jail for that matter. However, you have to converse with your current attorney or hire a new attorney. No one can give you advice on the facts of the case without having all the information. Only the current attorney has that information. Good luck!

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Answered on 4/12/12, 4:10 pm
Joe Dane Law Office of Joe Dane

As a misdemeanor, it carries a maximum of one year. As a felony, it carries up to three years of custody time.

Penal Code section 496(a) is a "wobbler" and can be charged as either a felony or a misdemeanor.

As to the rest of your question - sorry, but I didn't follow it.

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Answered on 4/12/12, 4:21 pm
Terry A. Nelson Nelson & Lawless

You're lucky you are being charged with a misdemeanor with a year max, instead of a felony with several years in prison. However, the prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted. You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 4/12/12, 4:31 pm


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