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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25521
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boy friend face 11350and 11377 charge,the jude charge him

Customer Question

my boy friend face 11350and 11377 charge,the jude charge him 120 day jail and 36 month propetion .why this much ,it is misdmoner
Submitted: 12 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 12 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 12 days ago.
ok
Customer: replied 12 days ago.
shall i wait you
Expert:  Zoey_ JD replied 12 days ago.

Did your boyfriend have prior criminal convictions? That would be one reason for the judge to give him jail time.

Another reason could be that while 11350 is a misdmeanor, HS 11377 is a wobbler and could be prosecuted as a felony. So the prosecutor may have been willing to reduce it to the misdemeanor for the purpose of a disposition but, as a trade-off, insisted on some jail time.

Was he convicted after trial? If so, the fact that he was proved guilty beyond a reasonable doubt could be one more reason for the judge a judge to want to give him some jail time.

Without knowing more about the facts of the case and without being able to look over the court papers and talk to the DA, I can't tell you for sure what happened. But these are the usual reasons something like this would happen

Customer: replied 12 days ago.
all misdmeanor
Customer: replied 12 days ago.
why give him jail 120days and also 36 propation
Customer: replied 12 days ago.
what time serv for 120 days jail
Customer: replied 12 days ago.
are still with me
Expert:  Zoey_ JD replied 12 days ago.

I can't answer that question because I know nothing about the case. A split sentence is, however, a perfectly legal sentence.

Did he lose at trial or take a plea? If he lost after trial he won't get the minimum sentence. If he took a plea, then he agreed to the sentence, which he didn't have to do. And that's why.

I think he'd do 87 days out of the 120.

Customer: replied 12 days ago.
what 36 month proption
Expert:  Zoey_ JD replied 12 days ago.

There's no such thing as proption. I believe you mean probation. So he'd be released after he did his time but he would be supervised and have to report to a probation officer, be drug tested and stay out of trouble for 36 months.

I strive for 5 star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Expert:  Zoey_ JD replied 10 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.