Articles Posted in Jail Sentence

A criminal charge may have very serious consequences on your immigration status, if you are not a natural born citizen. In many situations your Legal Permanent Status may be revoked, and as a much more serious consequence, you may be deported.

The Immigration and Naturalization Act outlines certain categories of offenses that may warrant deportation. Certain crimes pertaining to crimes of moral turpitude may be grounds for deportation. Crimes of moral turpitude are those that would offend the average person. An attorney who has handled thousands of cases involving immigration issues is familiar with the consequences and understand the importance of your Immigration status. The California criminal law as it relates to Immigration law is complicated and subjective, thus leaving room for a powerfule argument and defense which allows for a persons immigration status to remain unchanged.

Additionally, certain offenses, such as drug offenses, domestic violence or aggravated assault may also be ground for revocation of immigration status. More often than not a felony will have much more serious consequences than a misdemeanor on your immigration status.

Juvenile court in Southern California has jurisdiction over persons committing criminal offenses under the age of 18. Juvenile courts are conducted differently from adult criminal courts and carry with it certain drawbacks and benefits in comparison. An experienced Criminal Defense attorney that has handled over thousands of juvenile cases will know the differences and will be knowledgeable in a minor’s rights in criminal cases; not only those of adults.

Minors appearing before a judge in criminal court have the same Constitutional Rights as those tried in Criminal court. However, juveniles do not have the right to a jury trial. The focus of Juvenile court is to protect youths from the severe potential consequences of the adult criminal justice system and to rehabilitate youthful offenders instead of merely punishing them for their crimes. Consequently, a potential sentence for a minor in juvenile court will not be state prison, but often group homes, detention camps, or the juvenile equivalency of prison.

Each criminal charge will also have a separate guideline for sentencing when it comes to minors. However, some crimes will render a youth unprotected by the severe consequences of the adult justice system. Specific categories such as murder, rape, robbery and mayhem allow the District Attorney to try a youth as an adult.

Our clients who have been charged with a Southern California theft offense face a range of potential consequences. They will be sentenced along a spectrum of penalties ranging from time in jail, to community service, to a fine depending. Where they land on the scale depends on the specific facts of the case and the value of the object stolen.

A theft offense will be charged as Grand Theft when the value of the merchandise stolen is over $400. For cases involving the theft of a firearm, potential consequences can range between 16 months imprisonment in state prison up to 3 years. (California Penal Code 489). For all other cases involving Grand Theft, the penalty will be up to one year in county jail or state prison.

A Southern California theft offense in which the value is under $400 will be charged as petty theft. Petty theft will be punished by a fine up to $1000, or up to 6 months in county jail, or both (California Penal Code 490).

Some sentences will require convicted defendants to serve their sentence in a Jails and some will require they serve their sentence in Prison. There are differences between the two and they each serve a specific purpose.

Jails are county facilities throughout the state which house two types of inmates. Inmates that are pending completion of their criminal cases house for community safety and for inmates who are serving sentences that are a year or less. The maximum amount of time someone can serve a sentence in a jail is a year.

State prisons, on the other hand, are federal facilities often used to house more serious and often violent offenders. These are for defendants that have already completed their court proceedings and have sentences greater than one year.