Jail Sentence

Will I be Taken Into Custody at my Los Angeles Criminal Defense Arraignment?

July 26, 2018 | Ronald N. Hoffman

One of the biggest concerns our clients have when they appear in Court on their Los Angeles Criminal case, is whether or not they will be taken into custody. There are several ways to address these concerns prior to going into court. Addressing these issues beforehand allows our client some peace of mind, so that they can focus on the things that really matter in their lives. Our attorneys understand that this can be a major concern for many people, so we work with each of our clients to address not only the legal issues in their case, but also help to alleviate the emotional ones.

One of the ways this problem may be addressed is for your Los Angeles Criminal Defense attorney to speak to the Prosecutors before appearing in Court. Our attorneys have extensive experience in Los Angeles County, and have known the Judges, Prosecutors and even the clerks for a long time. This is why it is beneficial to not only hire an attorney who has years of experience, but years of experience in the county where your case is being heard. The attorney can call the Prosecutors before case goes before the Judge, and discuss the issue of custody, and whether the Prosecutor will be making that request. This allows the Judge to be prepared.

One of the benefits of speaking to prosecutors beforehand lets the attorney know whether there will be a bail hearing or if the prosecutor will request that you be taken into custody. When such a request is made, your attorney will argue as to why that is not necessary. To make such an argument, the attorney will make the case that you are not a flight risk, and that there is no risk of injury to anyone. Knowing that this issue will be presented in Court allows the attorney, and you, to prepare beforehand.

What Kind of Sentence can I Expect in my Los Angeles Criminal Case?

November 26, 2015 | Ronald N. Hoffman

If you have been charged with a criminal offense in Southern California, that does not mean you have been convicted. If there is no conviction, you will not be facing any type of sentence. If you have either entered a plea of guilty, or no contest, then you have been convicted of a criminal offense. Similarly, if you have gone through trial, and have been found guilty of a criminal offense, then you have been convicted. After the conviction, there is generally a sentence. Most sentences, not all, but most, consist of the following components.

Jail Time

Many offenses will consist of jail or prison time. It is important to note that jail or prison time is not a part of a sentence in every offense. There are many offenses that will not require any jail or prison time. A jail sentence is any time served that is one year or less. Prison time is any time that is served beyond a year. Whether or not you are asked to serve a jail or prison sentence will be determined by the facts of your case and your criminal background. Most often violent crimes, felonies, or second or more offenses will include some time in prison or jail.

What Happens if I am Not a Resident of California But Face a Criminal Sentence in California?

October 3, 2013 | Ronald N. Hoffman

California has it all, good weather, great mountains, and lots of things to see and do. It is a popular tourist destination. But what happens when you are visiting the Golden State and are charged and convicted with a criminal offense? What happens if you are sentenced to minimal jail time in California, or are ordered to complete rehabilitation classes in California? It hardly makes sense that you move to California for that time period or commute to weekly classes.

It is important to understand that this is something that happens quite often, but it is not a hopeless situation. You are given the same rights to argue and defend yourself against a criminal charge whether you live in the state or not. You are not forced to immediately plead guilty without a chance to be heard so that your case is completed sooner rather than later.

A Los Angeles Criminal Defense attorney has the authority to appear without you in Court on your behalf. The attorney is authorized to negotiate, enter a plea and request additional continuances or hearings on your behalf.

How Will I Know what Penalties I will be Facing if I am Convicted of a Criminal Charge in San Diego?

May 7, 2012 | Ronald N. Hoffman

When you have been arrested and charged with a crime in San Diego, that does not mean you are guilty of unlawful activity. It merely means that you have been suspected of violating a California law, and will be tried before a Judge in a Court of law to determine whether you are actually guilty or not.

A person will only be convicted once the government has proven to a jury beyond a reasonable doubt that the person being charged did in fact commit the crime. Once the person has been tried, and found guilty, a sentence will be imposed.

Sentencing is not a black and white standard. Not all crimes deserve the same punishment and therefore, the legislative provides a range of possible sentences. For example, let’s consider an assault charge by comparing two different scenarios.

Does It Help My Los Angeles Criminal Case If I Have Never Been Arrested Before?

February 15, 2012 | Ronald N. Hoffman

When a person has been charged with a criminal offense, their criminal background will play a big role in the overall outcome of the case.

If the person does have a criminal record, the Court will look to see if the person was on probation at the time the current crime was committed. If the person was on probation, then there will be an additional charge for a probation violation. The Court takes probation violations very seriously and it could add a significantly harsher penalty to the final sentence if the person is found guilty and is convicted of the most recent crime.

If the person is not on probation, but has a prior criminal history, it could still lead the Court to impose a harsher sentence. The potential sentence for each criminal offense is outlined as a range in the statute. Each statute will establish a minimum fine and a maximum fine along with a minimum and maximum jail sentence. Where the final sentence will fall depends on the person’s past criminal history and the facts of the case.

How can a Los Angeles Bail Bondsman Help Me?

September 26, 2010 | Ronald N. Hoffman

When someone you know has been arrested and taken into custody, your first and foremost concern is how to get them out. Unfortunately, the average person does not have the bail amount readily available, and therefore a bail bondsman becomes necessary.

The set bail amount will vary based on several factors. Essentially the court will ask whether if this person was released, would they be a danger to society, and will they appear in court for their next scheduled hearing. If the facts point to the likelihood that this person will flee and neglect their court ordered duty to appear before the judge, or if the nature of their crime caused serious injury or harm to society they will have a higher bail.

The amount of bail paid is generally returned once the court process has been completed and the sentence given. However, to gather the money in the first place is not easy for the average American. A bail bondsman will pay the bond for you if you pay a certain percentage to the company. For example, if the bond is set at 20,000, you may be asked to pay the bail bondsman 15%, for a total of $3,000. Once you pay the 15%, the bail bonds company will pay the authorities the $20,000 which will be returned to them once the court process is complete. They will keep your $3,000 as their fee.

Can I get sent back to Jail Like Lindsay Lohan for Violating my Probation?

September 24, 2010 | Ronald N. Hoffman

Actress Lindsay Lohan appeared in the Beverly Hills courthouse on September 24, 2010 and was ordered to be taken into custody with no bail.

Ms. Lohan had spent two weeks in jail in this past August and several weeks at a Rehabilitation facility where she had made great strides in tackling her drug and alcohol addiction. Upon being released from the facility, as part of her probation she was ordered to provide the Court with random drug tests whenever requested. The actress, however, failed multiple drug tests in the week before her court appearance. As a result, the Judge took her into custody for her probation violation and set another hearing date for October 22, 2010. The Judge will then decide if Lohan had violated her probation and what the revised sentence will be.

When the Judge grants probation it should be taken very seriously. Your probationary period is a chance for the Judge to see that you have learned from your sentence and will not make the same mistake again. If you violate your probation you will have to appear before the Judge and he or she will decide the appropriate steps to be taken. Possible consequences may include an additional fine, extended probation or community service, and in many cases, mandatory jail time.

California Assault Charge – Legal Definitions and Consequences

September 19, 2010 | Ronald N. Hoffman

A California assault charge is defined in the California Penal Code under sections 240 and 241.

Assault is defined under section 240 as an “unlawful attempt, coupled with present ability, to commit a violent injury to the person of another”. Translated into simple terms, it means that if someone attempts to and has a capability of causing violent injury to a person, they may be charged with assault.

The potential penalties for an assault charge fall along a range depending on the specific facts of your case. The sentence will also depend on who was assaulted; a civilian, an officer, school personnel, as well as where the assault took place. Based on these factors the penalty may include a fine up to a thousand ($1,000) dollars and/or up to six months in county jail. The fine may be up to $2,000 when the assault is committed by or upon a peace officer, firefighter, medical technician, nurse, doctor, lifeguard, process server, animal control officer, or traffic officer in the course of his or her duties.

California Battery Charge – Legal Definition and Consequences

September 17, 2010 | Ronald N. Hoffman

A California Battery charge is defined by the California Penal Code section 242. Section 242 defines a Battery as any willful and unlawful use of force on the person of another. Put simply, a battery results when a person causes physical impact on another that is unsolicited and unwarranted causing injury.

The potential penalties for a battery charge fall along a range depending on the specific facts of your case. The sentence will also depend on who the battery was committed and by and against who, as well as where the assault took place and the extent of the injuries. The basic sentence that falls on the lower end of the spectrum will be a fine up to two thousand ($2,000) dollars and/or up to six months in county jail.

On the higher end of the spectrum a battery charge may receive a sentence of up to $10,000 if battery is committed by or upon a peace officer. Similarly, the sentence will be considered in a different light when the battery is directed towards or committed by those who serve the community such as lifeguards, doctors, nurses and firefighters.

Can you avoid Jail time like Paris Hilton for a Drug Offense?

September 12, 2010 | Ronald N. Hoffman

On September 20, famous heiress Paris Hilton pleaded guilty to two misdemeanor drug possession charges in Las Vegas. The Judge sentenced her to 12 months of probation, mandatory attendance at a substance abuse program, a fine of $2,000 and 200 hours of community service.

No matter the charge, avoiding jail time is a significant concern for many people that are arrested. Most criminal offenses including, but not limited to, DUI, theft and drug possession, have in their statute a range of penalties that held guide the Criminal Judge in giving a sentence. Most include a range of jail time that may be imposed depending on the specific circumstances of the case. Prosecution recommends a sentence to the Judge based on the facts and discussions with the defense attorney.

You do not have to be a celebrity with a high paid lawyer to avoid jail time. An experienced Los Angeles criminal defense lawyer knows the Judges and Prosecution well and can prepare a powerful argument that will give you the best possible outcome.