Pomona, CA asked in Criminal Law for California

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

Related Topics:
2 Lawyer Answers
Hayden Gifford Smith
Hayden Gifford Smith
Answered
  • Criminal Law Lawyer
  • Visalia, CA

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?

Hayden Gifford Smith
Hayden Gifford Smith
Answered
  • Criminal Law Lawyer
  • Visalia, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.