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auntiemelanie · Sep 4, 2011, 01:12 PM

He was arrested in Santa Clara County, Ca. At a rave last night... His mom bailed him out for 10,000.00 (we paid 1,000.00) but he's charged with a felony right now... This is his first arrest so my question is, do you think there is any chance this could be dropped to a misdemeanor when he goes to court ? And what is the most likely sentence for this crime ?

Fr_Chuck · Sep 4, 2011, 01:19 PM

If he has a good attorney, anything can happen, Often pleas can be made, but then it may be more a plea on time he has to serve or on years of sentence and/or probation.

Most likely he will get a few years probation, along with drug tests to be sure he stays clean.

auntiemelanie · Sep 4, 2011, 01:34 PM

Well he's going to college to become a Firefighter/EMT so I hoping this doesn't ruin his chances at a career in this field ! Thanks

twinkiedooter · Sep 4, 2011, 02:11 PM

Originally Posted by auntiemelanie

well he's going to college to become a Firefighter/EMT so I hoping this doesn't ruin his chances at a career in this field ! thanks

If he's convicted it will present a huge problem to him in the future whether it is a firefighter or an EMT as he will have a felony on his record.

I don't envision this being dropped down the misdemeanor category as they have him red handed selling to an undercover agent. He should do some time and then probation on top of that. How much time? I don't know. Only the judge can sentence him. Selling to an undercover agent - there is virtually no getting around this to have this dropped down as they have everything on audio and video and should he go to trial he will be found guilty. His only chance would be to plea out ahead of time should they offer him a plea deal. Attorneys can work wonders but in this case even the most expensive criminal attorney won't be able to help. He just blew his chances at any good career where they do extensive background checks. What would his excuse be for this? Uh I was young and dumb? Sorry, won't fly.

joypulv · Sep 4, 2011, 02:55 PM

A good lawyer will make all the difference. Getting probabilities online has nothing to do with HIS CASE. We don't know who's up for re-election, how many people have complained to the chief about the raves or whether it was a legal gathering, how much dope he sold, and who cut the judge off on the way in that morning before he set bail. HIRE A GOOD LAWYER.

Fr_Chuck · Sep 4, 2011, 03:01 PM

Yes, this is almost destroy his carrier as a fire fighter and esp a EMT. And it will depend on if it gets reduced and what it is reduced to.

twinkiedooter · Sep 4, 2011, 03:11 PM

Originally Posted by joypulv

A good lawyer will make all the difference. Getting probabilities online has nothing to do with HIS CASE. We don't know who's up for re-election, how many people have complained to the chief about the raves or whether it was a legal gathering, how much dope he sold, and who cut the judge off on the way in that morning before he set bail. HIRE A GOOD LAWYER.

To have a bail of $10K means he didn't sell ONE pill, Joy, but more like a bunch or repeat buys AND to an undercover officer to boot. Once he takes the stand, all bets are off. And a LOT has to do with the prosecutor in this case and NOT the judge as the judge must go along with what the prosecutor in this case wants. Very seldom have I even seen a judge overrule what a prosecutor wants as they have to agree with whatever plea deal is proffered as they are the ones who proffer the deals in the first place. And remember filling prison beds are good for profits in a lot of counties. Judges DO have the final say, but only after the prosecutor has their say.