Do I Have To Appear In Court?
How Do I Deal With Bail?
What is Prop 36?
What Is PC 1000?
What Is A Misdemeanor?
What Is A Felony?
What Is An Expungement?
APPEARING IN COURT
Attorney Jennifer Le may appear in court for you during the entire stage of your case. This means you may never have to set foot inside the courthouse!
On misdemeanor criminal cases, most Orange County Superior Courts allow the attorney to appear without the client. This means the attorney can appear without the client at arraignment, enter a plea of not guilty, negotiate a plea with the Deputy District Attorney, and resolve the case without the client ever making an appearance. The exception to this is domestic violence cases, where the courts require the client’s appearance in order to issue a protective order.
If you fail to appear at your court date, or fail to hire an attorney to appear on your behalf, a warrant may issue for your arrest. Attorney Jennifer Le can assist the client in this process, with her vast experience in the local court system.
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BAIL
Most persons accused of crimes are eligible to have bail set. Generally, the Court will refer to a Bail Schedule which lists the appropriate bail. The Court will also look at the nature of the charges, the criminal record of the client, whether the client is a flight risk, and whether the client will appear at his or her posted court date.
Hiring an attorney before posting bail can help the client by getting the client out of jail, reducing the bail amount, or by removing bail altogether(also referred to as being released on the client's own recognizance).
Generally speaking, misdemeanor bail amounts range from about $10,000.00 to$25,000.00. Felony bail amounts are usually $25,000.00 or more, and go as high as $1,000,000.00 for more serious crimes.
Attorney Jennifer Le will help the client with all bail issues and assist the client with her experience and knowledge.
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PROPOSITION 36
(PENAL CODE SECTION 1210)
Prop 36 in general holds that an individual accused of a non-violent drug possession or being under the influence of a controlled substance may not be incarcerated as a term of probation. This applies despite having previously been charged with a drug possession or under the influence case. Hiring an attorney to discuss different scenarios will assist the client in determining if he or she is eligible for Prop 36.
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PENAL CODE 1000
(PC 1000)
Penal Code 1000 allows first time drug offenders who have no prior drug convictions, or felony convictions within five years, to take a 4 month, weekly class instead of being incarcerated. Once the client successfully completes the class, does not suffer any criminal arrests or convictions for 18 months, the case against the client will be dismissed. Consulting with an attorney can assist the client in determining if he or she is eligible.
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MISDEMEANORS
California defines a misdemeanor as any crime in which the maximum fine is $1,000.00 and the maximum jail time is 1 year. The sentence for misdemeanors can range from paying fines, or completing community service, to going to jail. Hiring a skillful attorney may assist the client in negotiating a case so that the client can avoid going to jail.
Moreover, there are misdemeanors called wobblers, where felonies can be reduced to misdemeanors, and wobblettes where misdemeanors can be reduced to infractions. Jennifer Le can assist a client in negotiating these reductions, which could possibly mean lighter sentences.
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FELONY
A felony is an offense where the client can be incarcerated for over one year, as opposed to a misdemeanor offense where the client can be incarcerated up to one year. Attorney Jennifer Le has experience with felony matters such as drug possession, sales, and transportation, assault with a deadly weapon, residential burglary, theft crimes, weapons charges, and more.
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EXPUNGEMENTS
Penal Code Section 1203.4 allows an individual who did not go to state prison for the offense to have his or her guilty plea or guilty conviction withdrawn and the case dismissed after the client has successfully completed probation with no new charges in the interim. Consultation with an attorney may assist the client in this process.
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