8683Re: [infoguys-list] Legal Tape?(NOT!!!!!) - DELETE if you don't like DRIBBLE
- Sep 30, 2005_Brettnbold@..._ (mailto:Brettnbold@...) said -
"just for the record the "wobblers" (yesa they are called that) depends on
how the DA's office chose to file the case, a 1st time offender who was
with a very small amount of drugs would be filed as a /misdemeanor but let
it be his third time and it would be a wobbler and most likely be filed as
Although that is true, it can go a variety of different ways with the same
end result. A defendant can go all the way through a trial by jury with a
verdict of guilty and the judge can still sentence him/her to a 6 month county
lid or grant straight probation. That usually depends upon the P&S (probation
and sentencing) report. Even though the jury found the defendant guilty of
a the felony charge[s] as filed, the judge can choose to sentence as a
misdemeanor which is his/her discretionary right.
You also have the cases where the DDA files as a felony and upon subsequent
information, can plead it down to a misdemeanor.
However, the most common situation in first offender drug related arrests
are what we call the "deferred entry of judgment" program as well as the
"preguilty plea program". In the former, the defendant must plead guilty as
charged and the latter speaks for itself. In both cases, if completion of the
program is successful, the charges will be dismissed. The defendant may indicate
in response to any question concerning his or her prior criminal record that
he or she was not arrested or granted deferred entry of judgment for the
offense, except in response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or her of
the obligation to disclose the arrest in response to any direct question
contained in any questionnaire or application for a position as a peace officer,
as defined in Section 830 PC.
There are more twists and turns to some of our sentencing programs that it
takes a rocket scientist to figure some of them out. LOL We used to have
indeterminate sentencing and now we have determinate sentencing. Sometimes you
need a guide to figure them out.
Shoot, now that I think about it, Bill, et al, are probably right. Maybe we
are Kooky Kalifornia on the left coast.
Sarkis Detective Agency
1346 Ethel Street
Glendale, CA 91207-1826
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