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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Can defendant be sentenced for186.22 (a), 186.22(d) and 182

Customer Question

Can defendant be sentenced for186.22 (a), 186.22(d) and 182 (a) separately or does some penal codes need to be stayedstayed?
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: Yes but I'm not sure if his lawyer is really forthcoming with correct information. My son has been sent to jury trial and was convicted of several offences including the ones mentioned d above. Jurors found him guilty of some offenses and not guilty of others. Can he be retried. The verdict was accepted by judge and recorded and conviction put in CJIS. Would retrial be barred?Double Jeopardy issue?
JA: What advice did they give you?
Customer: None. They are talking about retrial but I don't see how they can.
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: These commercial burglaries were filed in 8/14. When Prop 47 was passed the charges should have been changed to 459.5 shoplifting but DA decided to add gang and Elevate misdemeanor shoplifting to 459.5 with gang, 186.22 (d). Son had never had any gang charges but cops stated that my son self admitted gang participation on three prior street checks. Now Judge is reviewing case as there appears to be an inconsistent verdict as the other attorneys have brought up.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Samuel II replied 6 months ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.If indeed your son was found Not Guilty of some of the charges after he had been tried on them, then no it cannot be retried. It would be double jeopardy. However, if there was no verdict in those charges, then he could be retried on those charges separately.