San Jose, CA asked in Criminal Law for California

Q: I have court tomorrow my charges are pc 530.5 a and hs 11550 i also got 2 prison prior who can help me? I have 1000

And i have a job to pay payments im in salinas ca

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1 Lawyer Answer
D. Michael Phillips
D. Michael Phillips
  • Nevada City, CA
  • Licensed in California

A: Under California Penal Code Section 530.5 PC, identity theft is a "wobbler" which can be charged as either a felony or a misdemeanor, depending on the criminal history of the defendant, the extent of the loss caused by the crime, and other relevant factors. Health and Safety Code 11550 HS California's "using and/or being under the influence of a controlled substance" law is a misdemeanor. If you are convicted of this charge, you face: up to five years of informal probation, up to one year in county jail, drug counseling, and possible community service. Your question doesn't state if you are charged with a misdemeanor 530.5 or felony. Drug rehabilitation under Prop 36 or Penal Code 1000 is usually the best option to avoid any jail time for being under the influence. However, you will be disqualified if you are convicted of any other felony. In any a event, I suspect you're going to have great difficulty finding a private attorney to represent you with limited financial resources. But not to worry. When you go to court you can simply tell the judge that you were unable to hire a private attorney, they will have you fill out a financial declaration, and if you qualify, will appoint either the public defender or a court appointed lawyer. Some of the best lawyers I know are public defenders, so don't believe the stories you hear. They're trained and licensed just like private lawyers and are extremely dedicated to their clients. I wish you the best outcome in your case.

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