Legal Question in Criminal Law in California

Re: 1st time Theft case charged as Burgerly (2nd degree) - help seek

The time may vary. If you have a clean prior record and are convicted, your prior record will be taken into consideration. In some cases, the charge may be reduced to a misdemeaner. There may be certain Motions that can be made on your behalf. If you fax me (714 363 0229) the police report (if you have it and any other written documentation you might have, I will consult with you without charge. You should have an attorney represent you. If you cannot afford an attorney, the Court will appoint one for you.

Re: 1st time Theft case charged as Burgerly (2nd degree) - help seek

The maximum sentence for such a charge is 3 years prison, but you should probably not have to serve any jail time whatsoever, especially with a clean history. There is also a possibility of getting it reduced to a misdemeanor, and of course you can expunge it later. In addition, you may have possible defenses to the charge. If you have a police report, or just want to discuss the case, I'd be happy to offer a free consultation. (800) 458-1488. For sure, you need an attorney. So either hire one, or if you can't afford one then the court will appoint a public defender.

Re: 1st time Theft case charged as Burgerly (2nd degree) - help seek

Thanks for your posting. As you can tell from the responses this far, you should at least consult with an attorney.

You asked what the jail time is for a second time burglary, and that depends on a number of factors. The fact that you don't have a record works in your favor. The amount they are alleging does not. The admission you made to them does not work in your favor.

The sentencing range for what they have charged is up to 3 years in State Prison. I don't mean to scare you with that, but that is the maximum, and you asked. The prosecutor and your attorney will normally review all the evidence, discuss the defenses and the strengths of the case, and come up with a plea bargain arrangement.

If it is reduced to another crime, then the sentencing range for what you were charged with no longer matters.

If you want any more information, please feel free to email me. I'm happy to help in any way that I can.

Re: 1st time Theft case charged as Burgerly (2nd degree) - help seek

The first thing that I want to say is NOT TO GIVE UP ON YOURSELF.

I have read the other responses and I disappointed. Not a single person mentioned that you ARE INNOCENT UNTIL PROVEN GUILTY. As far as I am concerned, you are innocent and you did not do this crime. Therefore, instead of trying to give up and figure out how to plead you out, I would rather talk about how to win your case.

My advice would be to stop posting your statements on this service. What you type could be used against you.

Second, I want to look over the police report. There is a very good chance that they cannot prove the case against you.

Third, you tried to do what I often arrange for in these cases and that is a civil comprimise.

We may still be able to arrange that and that goes a long way IF we feel we need to plead you out. IF!

Lastly, do not give up on yourself. You may have made an error in judgment, but do the right thing for yourself. Give yourself and your case a chance. Give your attorney a chance. Always exhaust all of your rights and never help the government convict you of a crime. They hardly ever will treat you fair. You need someone to fight for your rights as opposed to someone who will merely just plead you out.