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PC 96 Guilt of Juror, Referee, or Umpire | Fresno Criminal Defense Attorney

PC 96 Guilt of Juror, Referee, or Umpire

Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either; One-- Makes any response or agreement to give a verdict or decision for or against any party; or, Two -- Willfully and corruptly permits any communication to e made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending before him, except according to the regular course of proceedings, is punishable by fine not exceeding then thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170.

What are the elements of PC 96?

1. Defendant is summoned as a juror, a chosen arbitrator, umpire, or referee.

2. Defendant made a promise or agreement to give a verdict or decision for or against any party.

or

3. Defendant willfully and corruptly permitted any communication to be made to him or her, or received any book, paper, instrument, or information relating to any cause or matter pending before him or her.

What is the punishment if I am convicted of PC 96?

Every person who violates this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

A felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16, 24, or 36 months pursuant to PC 1170(h)(1)

Can I go to jail for a violation of PC 96?  Can I go to Prison for a violation of PC 96?

The answer to both questions is yes.  While PC 96 is a felony, with probation up to a year in custody can be ordered.  If probation is denied, then 16, 24, or 36 months in prison can be ordered.

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