What Happens if you are Arrested but Have a Clean Record?
Even good people, who have never been in trouble before, can get mixed up in situations that lead to legal repercussions.
If you or a loved one are facing your first legal problems, you are likely feeling confused and worried about how your future may be impacted.
No one wants their life to change for a mistake that they made and regret.
You may be wondering if someone who is facing their first legal charges will be treated the same way as a seasoned criminal, or if having a clean record could help you to avoid jail time or fines.
Mary’s Brother’s First Arrest:
This week my 22 year old brother whom honestly is a good person made a horrible mistake he stole 15 vicodin from my dad and sold it to an undercover cop. My brother honestly made a mistake he does not drink do drugs he has a CLEAN record not even a speeding and parking ticket. He has NEVER been in trouble with the law he has no job has been trying to find work and things just are hard. He just wanted to help his sick mom and get gifts for his family. He was very cooperative with the detective and officers. They searched him and his car he had no other pills, drugs of any kind and no weapons. They returned his cellphone and did not impound his car and he is out now until court. He knows he messed up, he was honest to the cops. We can’t afford a lawyer but will obtain a public defender.
This is his first/last offense & does not even know dealers seeing he took the pills from my fathers prescribed bottle. I know people whom faced felony charges for robbery & drug charges & since it was there first offense they were reduced to a misdemenor & had to serve community service and/or probation.
I know California is tough but I hope the judge sees my brother is not a criminal. I just need some advice I know that no one can determine the future but basic advice this is new to me & my family, we are good people.
Again my brother is aware that he has to pay for his bad mistake & is willing to do community service, probation because he much rather do that then go to jail. He knows he is guilty but does not want to plead guilty to a felony is it best he pleads not guilty at the arraignment & then ask the public defender to ask for probation, community service or some sort of program with the misdemenor? is it also typical for first time offenders like this to go to jail?
It is not typical to go to jail on a first offense. It is not unusual to receive a jail sentence of some limited duration, but usually a first-time offender could serve the sentence in a work release program or “house arrest” (Electronic Detention). There are various sections of either the Health and Safety Code or the Business and Professions Code that could substitute for the sales charge, as misdemeanors, if you can get the District Attorney’s Office to agree. They might not agree to Diversion (Penal Code section 1000),which results in a complete dismissal,but a misdemeanor is not completely out of the question.
This answer pertains to individuals in the state of California.
Joseph A. Katz
Location: Murrieta, CA
Phone: (951) 695-1945