My boyfriend has court tuesday for 859.a sentencing. whats this mean ?

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he is going for receiving stolen property and im just wondering if this court date means he is being sentenced to jail time or what? also this is his first offence

Attorney Answers

3
Greg Hill ·
Penal Code section 859 refers to a probation officer's report, which a judge can request to see the probation department's evaluation of whether an individual "is a suitable candidate for probation." The report often makes specific recommendations on punishment, but these are not binding on the judge. Rather, they are more of a starting point for the DA to negotiate from. Sometimes, the DA just disregards the report, disagreeing with it for being too lenient or too harsh. As Mr. Marshall pointed out, what exactly will happen at the hearing is unclear. There may be another hearing. And another, both to allow your boyfriend's counsel and the DA to negotiate further or for the defense attorney to bring certain motions. It is tough to say too much more specifically without knowing the facts of the case. For a general overview of what a felony preliminary hearing setting conference involves. click on the article below.
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Stephen Cohen ·
Call the attorney who is representing him. He may know.
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Robert Marshall ·
Penal Code 859a is a procedural section, related to the way a judge takes the plea and referral to the probation for a presentence report. It's impossible for someone unfamiliar with the case to know what might happen. He might be placed on probation, with the potential for up to a year in jail as a condition of probation, or he might receive up to three years in county jail. There is also a chance the judge could reduce the felony to a misdemeanor. (As a first offender, he wouldn't be sent to state prison for this particular offense. If he was a registered sex offender. or had a prior conviction for a serious or violent felony under the Three Strikes law, he would do his time in state prison.)
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