QUESTION

How long could you do on a Misdemeanor Battery and running from the cops?

Asked on Aug 13th, 2012 on Criminal Law - California
More details to this question:
My boyfriend is on felony probation in California. He has a long list of prior violent charges and he also has a strike on his record. But I don't think that they can prove the battery one because all the evidence they have is hearsay. Some guy on the street heard what had happened and called the cops. Said victim is denying anything happened and he is perfectly fine. How long could he possibly do?
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6 ANSWERS

There's not enough information to determine an exact amount of time.
Answered on Aug 20th, 2012 at 2:06 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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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

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It will depend on what he was on felony probation for. If he is charged with a probation violation and is found to have committed the violation, he could be sentenced to do the time on his original felony charge. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Aug 15th, 2012 at 3:47 PM

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First of all, hearsay is good evidence, and judging from your BF's criminal record he probably likes to talk so chances are they have direct verbal evidence from him. Secondly, what the heck is he still doing living in a 3-strike state like California??!
Answered on Aug 15th, 2012 at 3:46 PM

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The main problem may be the felony probation and the maximum for that crime may be what your boyfriend is facing.
Answered on Aug 15th, 2012 at 3:46 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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Sounds like a weak case. The DA is probably going to try to get some time out of a plea deal if he has violent priors. However, if everything is actually hearsay, then he should just go to trial and force them to dismiss. He needs a lawyer right away.
Answered on Aug 15th, 2012 at 3:46 PM

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