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How much time do you think a person will get for these charges?11377 H&S,470 PC,466PC,12022.1PC,11377(A)
Anonymous2 views3 answers
The defendent did not doing anything to give officer a reason to pull him over.Defendent was not driving the car at the time.Was about to leave when cop recognized him from a past arrest.Based on this,I think this is discrimination and should be advised.
You posted before and, I think, said that this was a second offense. Anyway, we cannot tell you what a person will get as a sentence.
First, he needs to get the best criminal defense lawyer possible. If he cannot afford one and you and his friends and family cannot help him, then he can apply for the services of the public defender.
Second, the lawyer will want to know all about the current matter and any priors. She or he will need to get all the police reports and hire a defense investigator to work up all constitutional issues (like unlawful arrest, search and seizure, etc.) as well as the merits.
Third, the lawyer will want to have all the mitigating evidence that she or he can get in order to make the best pitch for a fair sentence -- if it is going to come to that.
So your question is about how much time he is going to get but your further comments are about how there was no basis for the stop of the car or his detention. The answer to your first question is dependant upon whether the lawyer can put together a good motion to suppress evidence. If so, the whole case may have to be dismissed. But that depends on a good lawyer doing a thorough job of investigation and preparation for the motion to suppress -- and on having facts that support it. If that is not successful and there is no other defense (a big "if"), then the lawyer will want to exploit all the mitigation facts she or he can gather and start working on getting a good sentence.
This process often takes months. Talk to the lawyer and good luck!
There are so many factors to take into consideration. An attorney cannot answer this question based on the posting. A person's criminal record and many other factors are taken into consideration when determining what a defendant may get.
It sounds like the defendant needs to consult an attorney. If there is a bad stop, those can be challenged. Perhaps the evidence can be suppressed if the cop had no reason to stop the defendant. However, more details are needed. It does not take much for a cop to stop a defendant if defendant is driving. If there is a vehicle code violation, the cop has a reason to stop defendant.
Things went from bad to worse - just based on the charges you listed, the person was out on bail on one case and picked up another case. The 12022.1 is the "out on bail" enhancement. If convicted in both cases, they can add an additional 2 years for this allegation alone.
This person is looking at 6 years, 4 months in state prison as a maximum (plus any additional time if there are priors alleged, etc.).
The legality of the stop is something their attorney is going to have to examine in detail after reviewing all the reports.