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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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my bf was arrested in tahema county, ca 6 1/2 yrs ago for 198

Customer Question

my bf was arrested in tahema county, ca 6 1/2 yrs ago for 198 lbs of pot, and other drug charges, becasue his 'street value' was so high, he got dropped from program and sentenced 6 yrs in prison, he did his time and was done with parole in 15 moths, no probation. last week he was caught with poss controlled sub, poss controlled narcotic sub, poss narc w/o pres, misd poss phar. this last one is a misd and the rest are felonies. so with his prior history what do his chances look like? its a different county and these are his only two crimes, ever. with charges and the bail only being $5,000. we're wondering if he'll be remanded with higher bail or directly back to prison at his arraignment tomorrow. help please!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good morning Alice,

I'm Doug, and I'm very sorry to hear of your boyfriend's situation. My goal is to provide you with excellent service today.

The fact that the arrest is a different county, or even a different state, has no bearing on that fact that he has a serious prior conviction record for drug offenses.

I would not be at all surprised if he did not have his bail increased at the arraignment once the prosecutor locates the prior conviction. As he is no longer on probation, he cannot be violated back to prison. However, it is possible that if his bail is set too high, and he can't afford to pay it, that he will have to await his trial in jail.

Chances are very good that if he is convicted, that he will be going back to prison.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

Expert:  LawTalk replied 1 year ago.
Good evening Alice,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 1 year ago.
Relist: Inaccurate answer.
First off, non violent offenders do not go to prison anymore. he has two prison priors cuz of the exact same case.
Because of his street value. anyways the answer I was provided with said cuz he's not on probation he will not go back to prison, then in the next paragraph it says if he is convicted he will go back to prison. Drug offenders do not back back to prison.
Expert:  LawTalk replied 1 year ago.

Good afternoon Alice,

I'm just a bit disheartened that you would claim my service as being poor, when if you need a clarification, all you needed to do was ask.

If you are suggesting that my answer was inaccurate because in one paragraph I said he could not be "violated back to prison" and in another paragraph I suggested that if convicted he would likely go back to prison---then with all respect intended, you are mistaken. The answer was not inaccurate.

To be "violated back" to prison occurs when one "violates" their probation or parole. As you suggested that he was no longer on parole---but you asked whether he could be sent back to prison from his arraignment. No one goes to prison directly from arraignment unless they are sent by a probation department/parole for a violation. I wanted to make sure that you knew that was not possible.

However, when it comes to being convicted of multiple felony crimes again on drug charges---I'm not sure where you are getting the idea that only violent offenders can go to prison, but I assure you that is not the law.

If your boyfriend is convicted once again of felony drug charges, there is a good chance that he will be sent to prison.

Doug

Expert:  LawTalk replied 1 year ago.
Good afternoon Alice,

It seems clear that you are not happy with the way the law is, and over that---I'm sorry, but I have no control. I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug
Expert:  MyraB replied 1 year ago.
Hello. I am a different expert and hope to assist you with your question.

You asked "so with his prior history what do his chances look like?" Your prior expert gave you correct information. Because your boyfriend is not on probation or parole, he will not be violated and go to prison on any past charges. However, because he has a criminal record, and a criminal record that suggests that he is a dealer and not just a drug offender, his chances of going back to prison based on the charges he currently faces is very real. It doesn't matter that it's a different county because his criminal record is accessible to and can be relied on in any court. The prosecutor does not see this as a case where he has only one prior conviction, they see it as a case where he's only been caught twice.

Unless he has information that he can bargain with, or something he can offer or put on the table for the prosecution to consider to keep him out of jail, he will likely be looking at some prison time on the felonies. But, as LawTalk indicated, it will be as a result of the disposition in the present case, and he will be able to continue to be out on bail until the case is resolved as long as he shows up for his court dates.

Please feel free to ask any follow-up questions.

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