Flores Law Group, A Professional Corporation

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Flores Law Group, A Professional Corporation

There is a common misconception that there is a good old boys’ club, meaning that people who have connections to the police are treated favorably by the police. To some extent there is, but for the most part those times have passed, as the police are not willing to put their jobs on the line to help someone who is committing a crime. We want everyone to be treated fairly, regardless of whether they are good citizens, have good jobs, and families. While these characteristics should not make unequal treatment acceptable, they can serve as mitigating factors during sentencing, as these characteristics, along with a clean record, generally indicate that a defendant is a good person. A defense attorney will therefore be better able to humanize the defendant before the prosecutor, and a good prosecutor will consider these things.

What Are The Main Differences Between Misdemeanor & Felony Charges And Convictions?

The primary difference between a misdemeanor and felony is that a felony is punishable by time in state prison, whereas a misdemeanor is not. Generally, the lowest felony in California is punishable by 16 months, two years, or three years in prison, but this does not necessarily mean that a defendant will have to serve a state prison sentence. Such cases are referred to as wobblers, which means that there is flexibility in terms of whether it will be filed as a misdemeanor or felony. For example, if it was filed as a felony, a prosecutor could decide to reduce it to a misdemeanor based on the defendant’s good characteristics. The main difference is that imprisonment in the state prison is a possibility, but there is a passage in Section 1170(h) of the California Penal Code that states that some felonies, misdemeanors are punishable with local time in jail. This means that even if someone was sentenced to 16 months2 years, or 3 years in prison, they would serve the time locally in jail rather than go to prison.

Felonies not only result in greater punishments, but also have a greater impact on citizen rights, such as voting, jury duty, firearm rights, and employment opportunities. It is really tough for a person who gets charged with a felony to obtain work, so we try to expunge and/or reduce these charges. Convicted individuals lose valuable constitutional rights. Some misdemeanors also have very serious implications, such as sex crimes and simple battery. Misdemeanor sex crimes can result in lifetime sex offender registration and simple battery can result in the loss of the right to carry a firearm for 10 years in the state of California.

How Do You Advise Clients Who Want To Plead Guilty And Throw Themselves On The Mercy Of The Court?

It’s understandable why someone may want to plead guilty and “throw themselves at the mercy of the court”, but the problem is that the court really doesn’t have any mercy. Also, feeling guilty and actually believing that one is guilty are two different things. For example, if someone ran a red light and killed someone and has been charged with negligence or vehicular manslaughter, they may feel guilty, but they might not actually be guilty. In other words, the event could have simply been an accident that shouldn’t be prosecuted under the law. All too often people’s feelings of guilt leads them to accept a more serious charge than the one they deserve. This is why it is advisable to have a case evaluated by a legal professional to determine if the prosecution can prove their case.

For more information on Impact Of Good Character On A Criminal Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 769-1200 today.

Edward R. Flores, Esq.

Call For A Personal Case Evaluation
(714) 769-1200

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