adorableme
07-03-2008, 11:40 AM
My friends ole man got arrested on a probation search at their house. He had meth on him, in the report didnt give the weight. My friend was also arrested she had some meth in her purse. in the report it showed her weight. when her ole man went to court he didnt have public defender or a lawyer. the DA came out & offered him 90 days in county jail. Is that not odd?? He didnt get a violation just 90 days, in the state of California?? I never seen anything like this before. My girlfriend's offer from DA was 90 days prison time & 3 to 5 years parole. She wasn't on probation. Why is she taking the fall & he didnt even get a violation. I dont understand can someone explain this to me??
Gryphon
07-03-2008, 07:26 PM
For certain you recieved some bad information, so it's hard to say exactly what's going on.
There's no such thing as a 90 day prison sentence in CA. 16 mos. with 50% conduct credits is a minimum term for the least serious crime. parole would be for up to 3 years at most, 4 years at most if paroel eneded up being extended because of a violation.
My guess is that she had an identical offer as the co-defendant husband, 90 days with a probation grant. There's no way to say whether the case resulted in misdemeanor or felony offers.
It isn't unusual in larger busier courts for DAs to make offers at arraignment. They are tryiong to weed out small cases. An under the influence charge carries a 90 day sentence, and a 90 day sentence is about as low as felonies go, hence teh 90 day offer. Of course, a 90 day offer to someone with zero prior convictions might not be a very good deal, and a 90 day offer to someone with a huge rap sheet can be a screaming deal.
It isn't unusual for the DA to not have weight at the arraignment. What they did have was the cop offering an opinion regading whether it was usuable; and a presumptive test saying what the drug was. They might also have a "gross" weight that includes the packaging. (After you see a few thousand bindles weighed, you can approximate what the drugs weighed. ) The DA figures that defendants know whether it was drugs and whether the drug was usuable, so they'll take the cop's word and try to settle teh case early.
It always struck me as odd that it's teh experienced criminals who recognize the velue of a case and know a great deal when the hear one. It is the neophyte that will likely make a bad choice and be punished fo rit later.
You are missing additional information that's needed to figure out what happened. For instance, what about Prop 36 Court ; and was either defednant diversion eligible?
The fact that the husband's probation wasn't violated doesn't mean it can't be violated in the future. It depends on whether not violating was part of the plea agreement. A guilty plea can be used as proof of a probation violation.
My friends ole man got arrested on a probation search at their house. He had meth on him, in the report didnt give the weight. My friend was also arrested she had some meth in her purse. in the report it showed her weight. when her ole man went to court he didnt have public defender or a lawyer. the DA came out & offered him 90 days in county jail. Is that not odd?? He didnt get a violation just 90 days, in the state of California?? I never seen anything like this before. My girlfriend's offer from DA was 90 days prison time & 3 to 5 years parole. She wasn't on probation. Why is she taking the fall & he didnt even get a violation. I dont understand can someone explain this to me??