Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > California Legal Help
Register Entertainment FAQ Calendar Mark Forums Read

California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

Reply
 
Thread Tools Display Modes
  #1  
Old 09-26-2017, 08:36 PM
Kg0524 Kg0524 is offline
Registered User
 

Join Date: Apr 2017
Location: San Diego, CA
Posts: 5
Thanks: 6
Thanked 0 Times in 0 Posts
Default Out date in 20 days but was just brought to court for a NEW charge :(

Hi everyonee.... i really hope someone can help me out.. i'm totally freaking out

My boyfriend is currently serving 16 months in state prison for a PC 487(a). The other count on this charge was a PC 459 and that one was dismissed. The paperwork says he plead guilty to PC 487(a) and the "balance" was dismissed. (i'm guessing that's the PC 459). He was on probation for 2800.2(A)VC Evading a PO and then he had some charges from 2015 that were 484 PC Petty theft and 11550(A) HS Under Influence Controlled Substance but those last two were dismissed in court. The paperwork says that the sentence of 16 months is for his guilty plea to PC 487(A) wrapped with and running concurrent to the 2800.2(A)VC He was in prison and was supposed to be released on October 16 because he qualified for the 33%. But yesterday he was brought to court for a detainer...the hearing was an arraignment for a PC 459. However, his counselor had told him when he got to prison from reception that all his detainers were dropped? I guess not. They found DNA evidence of his at the scene for car burglary. They charged him for PC 459 in the second degree Car Burglary Felony. He hasn't been convicted yet... What can he expect his sentence to be? Will they most likely add time or can they run this charge concurrent to his current prison sentence. As in, can he cash in time served for this completely new charge?? Do you think we should get a lawyer or will a lawyer be able to do just as much as a public defender? Can he get a plea bargain?
Thank you in advance. Please give me some insight.

This in San Diego, California


Thank you <3

Last edited by Kg0524; 09-26-2017 at 09:35 PM..
Reply With Quote
Sponsored Links
  #2  
Old 09-26-2017, 09:02 PM
Patrickj's Avatar
Patrickj Patrickj is offline
Moderator

PTO Moderator 

 

Join Date: Aug 2006
Location: Atwater CA. USA.
Posts: 2,334
Thanks: 1,545
Thanked 1,644 Times in 810 Posts
Default

Quote:
Originally Posted by Kg0524 View Post
Hi ladies.... i really hope someone can help me out.. i'm totally freaking out

My boyfriend is currently serving 16 months in state prison for a PC 487(a). The other count on this charge was a PC 459 and that one was dismissed. The paperwork says he plead guilty to PC 487(a) and the "balance" was dismissed. (i'm guessing that's the PC 459). He was on probation for 2800.2(A)VC Evading a PO and then he had some charges from 2015 that were 484 PC Petty theft and 11550(A) HS Under Influence Controlled Substance but those last two were dismissed in court. The paperwork says that the sentence of 16 months is for his guilty plea to PC 487(A) wrapped with and running concurrent to the 2800.2(A)VC He was in prison and was supposed to be released on October 16 because he qualified for the 33%. But yesterday he was brought to court for a detainer...the hearing was an arraignment for a PC 459. However, his counselor had told him when he got to prison from reception that all his detainers were dropped? I guess not. They found DNA evidence of his at the scene for car burglary. They charged him for PC 459 in the second degree Car Burglary Felony. He hasn't been convicted yet... What can he expect his sentence to be? Will they most likely add time or can they run this charge concurrent to his current prison sentence. As in, can he cash in time served for this completely new charge?? Do you think we should get a lawyer or will a lawyer be able to do just as much as a public defender? Can he get a plea bargain?
Thank you in advance. Please give me some insight.

This in San Diego, California


Thank you <3

More then likely he will be released to the county in which the current charges are pending. He will be appointed an attorney if one hasn't already been appointed. Bail will be set. He his charged with 2nd degree burglary . The punishment for second degree burglary is as follows:
461. PC Burglary is punishable as follows:
(a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
(b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 He is looking at the most a year in county if this is the only offense that he is charges with and either pleas to or is found guilty of. This charge that was just brought up sounds like one that they had dismissed but had a year to refile on . Which looks like they did. They may offer him a plea deal ( more then likely) Just my opinion here save your money on hiring an attorney. A P.D. will do just fine
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following 2 Users Say Thank You to Patrickj For This Useful Post:
Kg0524 (09-26-2017), missingdee (10-12-2017)
  #3  
Old 09-26-2017, 10:23 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,165
Thanks: 524
Thanked 9,881 Times in 5,550 Posts
Default

A detainer being dropped is NOT the same as charges being dismissed. In many States, the biggest issue with the detainer not being present is that 1) offenders are eligible for programs and trusty status and 2) they are not legally entitled to credit for the time spent in custody with no detainer since they were not being held ON THAT CHARGE.

I will have to defer to the California experts but a privately engaged attorney is generally going to have a greater vested interest in obtaining a more expeditious resolution that is in the client's best interest...
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
missingdee (10-12-2017)
  #4  
Old 10-12-2017, 01:12 PM
missingdee's Avatar
missingdee missingdee is online now
She's Home! Moderator

PTO Moderator 

 

Join Date: Oct 2011
Location: Metro Los Angeles, CA, USA
Posts: 2,662
Thanks: 2,950
Thanked 3,921 Times in 1,660 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
A detainer being dropped is NOT the same as charges being dismissed. In many States, the biggest issue with the detainer not being present is that 1) offenders are eligible for programs and trusty status and 2) they are not legally entitled to credit for the time spent in custody with no detainer since they were not being held ON THAT CHARGE.

I will have to defer to the California experts but a privately engaged attorney is generally going to have a greater vested interest in obtaining a more expeditious resolution that is in the client's best interest...
This is correct.

If I am understanding OP correctly, though, this new 459 is from a separate incident than the charge that was dropped, so an entirely new, unrelated case. The first 459 charge was dropped as agreed to in the plea bargain.

If it was the same exact incident, then that should be cleared up since it was dismissed in the interest of justice. If it's a different incident, then yes, he can get more time, it's unlikely they'll run the charge concurrent (especially if they charge as a felony,) and he'll frankly be at the mercy of whatever sort of deal the DA wants to strike up for him. If the DA felt they let him off easy last time, they might not be so willing to deal here.

CTL's correct, a private attorney might be more engaged. With this being a DNA case, though, they'll need more than to just be able to prove he was at the scene at some point. They'll need to be able to show that he was present at the time of the incident and was an involved party. The fact that they filed the charge would indicate that the DA believes that these facts can be proven.
__________________
The Colorblind Moderator (I'm not even going to try to use green down here, I'll embarass myself! LOL!) Currently assisting in all forums and actively monitoring Wives and Girlfriends in Prison and the California forums.

#ByeCDCR #TimesUp #HomeForChristmas
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Isp court date adjourned due to disciplinary charge Jcd1682 New Jersey Parole, Probation, Halfway House, Community Service, etc. 6 04-06-2017 07:27 PM
What is going on? A court date 3 days before his release date? leilani08 General Prison Talk 1 03-18-2012 11:59 AM
What does one do to have a charge be brought forward ? perduesgirl Prison & Criminal Legal Help! 0 12-03-2011 12:36 AM
Pv'd & In jail for for 100 days & still no PD or court date? grneyesalways04 Texas Parole, Probation, Work Release & Community Service 3 04-27-2011 07:07 AM


All times are GMT -6. The time now is 11:09 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics