Stockton, CA asked in Criminal Law, Civil Rights and Identity Theft for California

Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The DA recommends a sentence of 6yr 8mos. My co-defendent got the exact same charges dropped to misdemeanors and got informal probation. Arrest was over a year ago. Since then I have had no contact and have attended school, elected to Student Council at my college, and am only 1 semester away from graduating. What is the best way for me to receive an alternative sentence so my schooling doesn't mess up, and my roommate wont be affected financially like they would if I do go to jail? I dont want to lose my job, or my residence, or have to pay back over $12000 of financial aid already received for classes I'm currently taking.

1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time than your co-defendant because of a past record? Without a prior strike, the charges look like a county jail prison sentence, under 1170 (h), that typically has a portion of the sentence served on mandatory supervision.

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