Legal Question in Criminal Law in California

I have been arrested for the first time and im 19 years old. I was arrested on friday for embezzlement at work. They charged me with a felony. i was in jail till monday, and on monday was my court. The judge dropped it down to a misdemeanor and released me on my own recognizance. I have to report back to court. What will my sentence be? one year in jail and a fine? or probation and a fine?


Asked on 10/07/09, 1:30 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Did they only charge you with a misdemeanor? If so, you face up to one year in county jail, a fine of up to a thousand dollars and restitution for the money you stole. What you actually get depends on your record, the particular facts of the case as set forth in the police reports, the judge, the court, the DA and to some extent your attorney.

Did you enter a plea of guilty to a misdemeanor? If so, did you not know what you were agreeing to? You better talk to your lawyer.

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Answered on 10/07/09, 8:38 am
Brian Dinday Law Offices of Brian R. Dinday

It sounded to me like the judge did not drop the case down to a misdemeanor, but the D.A did when they reviewed the police report. The police can arrest on a felony, but the D.A. decides what the charges are. So if the D.A. filed a misdemeanor complaint, then it might appear to you that the judge made the change.

I am asking this because I hope you have not pleaded guilty to the offense without ever talking to a lawyer to see what can be done to defend you. The prosecutor might not even have enough evidence to convict you at all. You REALLY need to talk to a lawyer before you go back to court, because an embezzlement conviction of any kind will make it nearly impossible to ever find a decent job. Anyone who checks background (and most everyone does these days) will not hire an embezzler.

You really need to see if you can avoid a conviction. Even if you pleaded guilty, it is not too late to move to withdraw your plea and fight the case. PLEASE go see a lawyer. You have no idea what this conviction will mean to your life.

I am in your area. If you wish a free phone consultation, please give me a call today. My contact info can be found on my website, here:

http://dinday.com/contact.htm

Good luck

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Answered on 10/07/09, 12:11 pm


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