Back in. How much time might he do??

[purplewiccan08]

My man is being charged with a 451 D. He is taking it to trial because he didnt do it. A witness wrongly ID'd him. How much time might he do and will he go straight to prison since he is a parolee?

[MRSCLARK82702]

=( you were doing your countdown when i was right =(

well i strongly suggest getting a lawyer...so you have someone fighting on your side girl

[2sleepy]

Originally Posted by purplewiccan08

My man is being charged with a 451 D. He is taking it to trial because he didnt do it. A witness wrongly ID'd him. How much time might he do and will he go straight to prison since he is a parolee?

451d carries a sentence of 16 months, 2 years, or 3 years. There could be enhancements for a prison prior. Generally they will be kept in the jail with a parole hold until criminal proceedings are over. He can still get a parole revocation even if the charges are dismissed, it just depends. The one thing that he shouldn't do is plead guilty to a parole violation before the criminal case is over because they will find him guilty at board just based on the police report.

[purplewiccan08]

Mrs Clark, yeah that was me. 2sleepy, thanks i will let him know that. I cant afford a lawyer so he only has a public defender.

[2sleepy]

Originally Posted by purplewiccan08

Mrs Clark, yeah that was me. 2sleepy, thanks i will let him know that. I cant afford a lawyer so he only has a public defender.

Many public defenders are very good, I have seen many private attorneys that totally suck. The very best private criminal attorney's that I know started out as either public defenders or deputy district attorney's.

[sunangel111]

I agree with you 100%!

Originally Posted by 2sleepy

Many public defenders are very good, I have seen many private attorneys that totally suck. The very best private criminal attorney's that I know started out as either public defenders or deputy district attorney's.

[Gryphon]

Originally Posted by purplewiccan08

Mrs Clark, yeah that was me. 2sleepy, thanks i will let him know that. I cant afford a lawyer so he only has a public defender.

Sigh.
Public Defenders are indeed real lawyers. They go to the same law schools and belong to the same Bar as private lawyers. They are better trained and have more experience than private lawyers, unless the private lawyer spent substantial time in a PD office.
Who is a better lawyer and how can you tell? VERY long answer, but PD v. Private means that someone who has PD experience has a better professional foundation that someone who doesn't.
Being a long time PD usually implies the soul of a social worker, the patience of a saint, and the heart of warrior. Being a private lawyer means having to be good at running a business, and may or may not mean those other things. Being a PD means crushing caseloads, which appeals to lawyers with a raging case of ADHA and a sleep disorder; being private means you can raise fees so you handle the number of cases that'll still let you have a life. Again, not very helpful when trying to figure out who is "better".
I know a few hundred lawyers. Of those, there are maybe 20 who are in my view "better". Some are private, some are PDs. If I were to suggest a lawyer, and first knowing case facts and probable case outcomes (which the average person can't do), I could then say that maybe 6 lawyers would be best (and for different reasons). How does the average Joe or Josephine make such a selection? You can't. it takes way too much inside knowledge, and it is local knowledge to boot. You have to do the best you can with information available (and in truth that street information is poor. Expensive wildly popular lawyers don't necessarily make my list.)
When you can't afford to go shopping for a lawyer, the good news is that the average PD who handles felonies has worked for years, under supervision, and with required training, to earn that job.
Those web sites that rate lawyers? Misleading. Worse than useless. Tracking case outcomes? it isn't done, and if you did you can't compare individual case facts that contribute to the outcomes.
Lawyer Referral Services? The ones I know are just next off a list from those who pay a fee. It COULD be done right if staffed correctly and organized properly; but I don't know any that are and the service would be very expensive to run if it covered more than a city. In an English system of Barristers and Soliciters, perhaps that serves to help a defendant do some informed shopping.