Q: 35000 bail is it worth the hassle to bail him out,? what kind of time is he looking at doing?
18 year old on probation for first charge ever which was a gun possession charge while on probation was charged just two days ago with firing a weopon in a public are which is ofcourse a violation of his probation he has court monday me and my mother in law are thinking about bailing him out but i just need some answers
A:
This question comes up a lot but attorneys rarely get asked or are willing to weigh in. A client out of custody can clear out time to defend the case. And I hesitate to say anything about defending sometimes being of questionable value. Here's what I can offer: he's probably going to do 90 days on the probation violation. Wild guess. I don't know where you're writing from. All law IS local.
Spending $3000 will delay the period of incarceration. If that is of value, then by all means. Otherwise, it seems pointless. Even if you were made of money and $3000 was just chump change, so set the money concern to one side: what are you getting from it? If I were him I would say "You're getting me a chance to fight my case, a much better one that I had in custody." But probation violations are easy to prove, and would you want him to beat the rap?
A: Penal Code 246.3 "negligent discharge of a firearm is a "serious" felony, a "strike." It carries 16 2 3. He may be looking at 16 months prison, which means eight. If 90 days on the violation is run concurrently he would be out in less than a year. But prison is not as sure thing. If you fight it you can probably avoid that for the meantime.
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