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  1. #1

    Default My 487 Misdemeanor case in California, coming to a close

    Well you all know me I was charged with a misdemeaner grand theft in California all over a $500 Tv from K-mart. My next, last,date is this week. My attorney tried do ask for a dismissal under -the request for a civil compromise - stature ,got turned down, denided, because the law firm for K-mart refused to send a letter saying K-mart was fully satisfied with the payment for civil demand. Now the Da is offering a plea deal for10 days and nights full luxury accommadaion in the county jail, 3 years probation and fines. I understand the probation and fines but 10 days jail . What do you think about this jail time ? I have a spottless record and have turned in character letters,note from the doctor that I am under docters care for diabetes- testing and meds daily- and I am going to a shrink for short for help me control my general anxiety disorder , GAD , will the judge order me to jail with all this on the plate ?

  2. #2

    Default Re: My 487 Misdemeanor case,California,coming to a close

    Yes, the judges also usually side with the states recommended sentence. There are also plenty of people in jail with diabetes and the state has some fine doctors who will take care of you during your stay.

  3. #3

    Default Re: My 487 Misdemeanor case,California,coming to a close

    Thats not really true, you are just takeing a pock at me I found out this morning that I can request for deferment away from jail, like comunity service. The jail system is to overcrowed and the state should not have to pay to house and treat a person medical conditions.

  4. #4
    panther10758 Guest

    Default Re: My 487 Misdemeanor case,California,coming to a close

    Requesting and getting are two different matters. 10 days may equal 5 days served. You can also request you serve your time on weekends so you week is free to work. It boils down to this if you cant do the time dont do the crime! Considering your original charge was a felony 10 days isnt so bad!

  5. #5
    Join Date
    Mar 2005
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    Default Re: My 487 Misdemeanor case,California,coming to a close

    Back when I practiced criminal law, I talked a lot of judges out of giving clients jail time. But on the rare occasions it came up I was not successful with the argument that medical care would be insufficient in jail, although I believe that to often be the case. (I was successful with getting the judge to not incarcerate people who were in inpatient psychiatric care, hospitalized, or if they successfully completed drug or alcohol rehabilitation programs, but that's not what you're describing.)

  6. #6

    Default Re: My 487 Misdemeanor case in California, coming to a close

    I do not want to seem like I am trying to get out of the punishment / jail. I just want a way to pay back for what I did with out just sitting in a jail costing the taxpayeers more money. I mean, I could do it, lets see no kids to take care of, I get fed for free and no wife to nag me. ??? A vacation ?

  7. #7

    Default Re: My 487 Misdemeanor case,California,coming to a close

    Quote Quoting fishalot
    View Post
    Thats not really true, you are just takeing a pock at me I found out this morning that I can request for deferment away from jail, like comunity service. The jail system is to overcrowed and the state should not have to pay to house and treat a person medical conditions.
    If you make a plea deal with the DA which includes jail time, why would the judge exclude jail time? That is part of the "deal" you made with the DA. It seems that you need to work out a plea deal with the DA which EXCLUDES the possibility of jail time.

    The DA makes you a deal and you, represented by a competent lawyer, agree to the deal before presenting the deal (which includes jail time) to the judge. When you go before the judge, the DA and your lawyer will tell the court that they have reached an agreement (which includes your jail time). I have never seen a judge turn away a deal which was made intelligently and coherently (offered by the DA) and accepted by the defendant.

    If you don't want jail time, tell your lawyer. If you don't mind jail time, ask to serve on the weekend, you might even get "weekend" credit. You take diabetes medicine. There are many people in jail with diabetes, it doesn't a rocket science to dispense your pills. The doctors in jails are the same doctors you would find in the phone book, they just work for the State in a state institution - their care is not any better or worse. In jail, you will do fine, they will feed you and take care of you.

    About the jail overcrowding, that is a crock. You did the crime, work out a deal with your lawyer and if it includes jail time - well serve it and be done with it.

  8. #8

    Default Re: My 487 Misdemeanor case in California, coming to a close

    Quote Quoting fishalot
    View Post
    I do not want to seem like I am trying to get out of the punishment / jail.
    Not to tear apart your posts, but that is exactly what you are trying to do, but who can fault you? It's not like anyone WANTS to go to jail. I know if I was in your situation, I would be trying to avoid jail time at all costs. In reality, you are not trying to escape punishment, just jail time.

    Quote Quoting fishalot
    View Post
    I just want a way to pay back for what I did with out just sitting in a jail costing the taxpayeers more money.
    This is not the real reason, just a rationalization. The real reason is that you don't want to go to jail. No one really cares about other tax payers, I know that I don't. Admit it, you just don't want to go to jail which brings us back to my above statement. No one really wants jail time - it is not a fun place.

    Just tell your lawyer you do not want jail time. Be man about it instead of making excuses which is the reason you are here in the first place.

    Out of curiosity, what was the Tv for anyway? Personal use or to sell it?

  9. #9

    Default Re: My 487 Misdemeanor case in California, coming to a close

    First of all I did not come here to share my experience in a open forum only to be banged around like a pinn ball. Being a man about it,go to jail, now thats a joke. Being a man is staying out of jail so I can work and take care of my kids. I have no excuses, I present facts....

  10. #10
    panther10758 Guest

    Default Re: My 487 Misdemeanor case in California, coming to a close

    Being a man does not include stealing TV's but it can include taking your punishment!

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