In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes will add ?penalty ?enhancements? under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well. He could go away for years on this if convicted. The charges actually filed by the prosecutor will determine how much ?time? and other penalties could potentially be imposed. You?ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 15th, 2012 at 3:47 PM