QUESTION

Am I going to jail for 3 misdemeanor charges?

Asked on Mar 25th, 2011 on Criminal Law - California
More details to this question:
I got arrested for 3 Misdemeanor charges ( first offense ). Am I going to jail? My charges are: M11377 A -possession, M 11364- paraphernalia and M 484 A- petty theft.
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Answered on Mar 28th, 2011 at 10:57 AM
Things are stacked against you, but you may avoid jail with the help of a good criminal defense attorney. You may be eligible for a drug program on the 11377 and 11364 charges, depending on your record and the facts of the case. Bottom line? Time for a very good criminal defense attorney to discuss the details and defenses available to you.

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Answered on Mar 28th, 2011 at 10:09 AM
All three of your misdemeanor charges carry the potential for jail ... up to one year for the Health and Safety Code Section 11377(a) and up to six months for the paraphernalia and petty theft. The only way to determine the potential consequences involved with your charges is to discuss your cases with an experienced criminal defense attorney. It is impossible to accurately answer your question in this forum as much more detail is needed to do so. I hope this answer was helpful. Good luck.

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Answered on Mar 28th, 2011 at 9:43 AM
Only the judge knows, and youll get your answer at the end of the court process. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. The less serious the crimes, the less likely to do actual time. When charged with a misdemeanor, you face up to 6-12 months in jail on each count. If you have priors, they are penalty enhancements. Multiple counts and charges just make your situation worse, of course. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

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