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Stepson is charged with PC 459, 11357 b H.S and 4230BP, he is on probation for a prior felony charge, what is he looking at now?
Anonymous6 views2 answers
He is on probation for drug related charges and a live ammunition charge. This will be his second felony. He is 17, wondering if he is looking at Juvenal Hall or what. He was with two other people over the age of 18.Thank you for your time.
PC 459 is a burglary (either residential or commercial). 11357 is possession of under an ounce (a misdemeanor):
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
From your statement, he must have been charged with either a commercial or residential burg as a felony. Given the fact that he's already on probation for (for a felony?) - he'll be looking at custodial time. You may want to inquire about a rehab program when you get a public defender appointed (or hire private counsel). Good Luck!
If he was 17 at the time of the alleged commission of these crimes, the attorney must do everything he or she can to keep him in juvenile court, even if he does have to to go placement or camp. Otherwise, if he is charged as an adult (and depending on his record and the severity of the facts of the current case) he will be looking at a felony strike and potential prison time. The DA's can initiate what's called a fitness hearing in juvenile court to have him tried as an adult, OR they can directly file it in adult court. Again, all of this will depend on the severity of the facts of the current case. Good luck, and please feel free to call me if you have any further questions.