Olivehurst, CA asked in Criminal Law for California

Q: So this is kind of complicated: on 9/9/19 I got arrested for a felony 530.5(c)(3), Misd 11350(a), Misd 11364(a). I got

Bailed out for those charges. On 11/15/19 I got arrested for a Felony 530.5(c)(3) ×5, Felony 30305(a)(1) and an Enhancement for committing a felony while out on bail. I bailed out on these charges. On 8/20/20 I was charged with a felony 487(a) ×5, Felony 530.5(a) × 8 and 13 Enhancements for committing a felony while out on bail. My question is on sentencing alone. I need to know how the sentencing laws work in california. I looked online and I was able to figure out about half the information I needed. I have 19 felonies all together. How are they able to sentence me on this, can they give me my upper term 3 years consecutively for all 19 felonies? Or is it 3 years and 1/3 my middle term for all the rest of the felonies? And how do enhancements work? Can they give me the 14 enhancements consecutively as well? Thank you for the help

Related Topics:
1 Lawyer Answer
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Let your attorney explain how the sentencing will work. You've obviously already been arraigned on the initial charges in 2019, the ones charged last November and probably on the ones charged in August of this year.

If you don't have an attorney and you meet the financial requirements, you can have a Public Defender appointed to represent you. Otherwise with the charges filed against you snowballing and the prospect of serving significant jail time, you need to hire a really good,, experienced criminal defense attorney in your area to represent you. As a general rule, a good attorney can negotiate a plea bargain to have the jail time to be imposed run concurrently and sometimes get the DA to dismiss the enhancements. However, with your track record (particularly the PC 30305(a)(1) plus allegedly committing even more crimes while out on bail), it's more likely than not that you'll get "maxed out" with the jail sentences running consecutively.

1 user found this answer helpful

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.