Law Offices of Thomas J. Ogas
Contact Information
1300 Clay St., Suite 600
Oakland, CA 94612
Tele (510) 645-1LAW
Fax: (510) 464-8001

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How Does Sentencing Work?

The judge is allowed to give you any punishment within the limits of the law. For all crimes, there is a maximum and a minimum. For misdemeanors, the max is a year in the local jail, and the minimum is just a fine (for most charges). There is also informal probation. That means you have to live under additional rules and restrictions for a set period of time. If you break those rules, you can get punished again (these are called "Violations of Probation"). There may also be classes, community service, fines, registration, and other consequences. Free Consultation

For Felonies, the law specifies three different sentences a judge can give: low, mid, and high. This is time in prison. There may also be “enhancements” that add more years. Strikes can double your sentance, or worse. Someone with two strikes in the past can be given life in prison! Be sure to ask your attorney to explain the possible maximum and minimum punishment to you, as Felony sentencing in California is extremely complex. Free Consultation

The good news is that you may be eligible for Felony Probation. This would mean that you do not go to prison, but go to local county jail instead, and for a much shorter period of time. Your attorney will do his best to ensure that your sentence, should you receive one, is a probation sentence. Free Consultation

Probation generally lasts for three years. During that time, you have a Probation Officer and additional rules you live under. You are under his supervision. If you follow the rules and stay out of trouble, you will never go to prison. Better yet, in many cases you can ask the court (when your probation is over) to dismiss all charges against you to clear your record. Having a felony on your record can cause you to lose some employment and government services, so it’s in your best interest to follow the probation rules and get your record cleared when it’s over! Free Consultation

The above is posted solely as general information, and is not meant to serve as legal advice of any kind. By reading this page, you are not engaging in any sort of attorney-client relationship with The Law Office of Thomas J. Ogas, nor should you rely upon the information posted on this page to make any sort of decision other than who to hire as your attorney. Free Consultation

Please, if you are in any criminal trouble, consult with a lawyer immediately. Reading about the law online is not enough! (24Hr Help)

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