Legal Question in Criminal Law in California
When cleaning out my truck there were two prepaid visa cards along with previously used cards under my passengers seat. I checked them and there was a balance on those two cards. I proceeded to spend the money. A few days later a girlfriend of mine says she cant find her cards that she bought the day i gave her a ride to the the store a week earlier. I never went into the store that night and had no idea she had purchased the cards. When she got a hold of me I figured that they were hers. I told her I didnt know that they were hers. She was still upset, so I apoligized, said I was wrong and that I would pay her back the 150.00 that were on the cards but didn't have it at the moment. I didn't pay her fast enough so she decides to file a report to the police dept.saying I stole her cards , and thats where I stand. I've contacted the detective and explained my side.Is this something I should be concerned with? What should I do next?
4 Answers from Attorneys
You should be concerned with the fact that you talked to the detective without a lawyer. The odds you will be prosecuted increased considerably as a result.
Stop talking about what you did and start interviewing lawyers.
"Explaining your side" = confession
You can be charged with theft of lost property. If you find something of value, you are required to make reasonable efforts to find the owner.
As others have noted, you should have asked for advice BEFORE talking to the police. Now you just have to wait to see if the District Attorney files charges against you.
You face charges that could put in in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. It is already too late to advise you to exercise 5th Amendment rights to SHUT UP and call a lawyer, as every cop show on TV correctly teaches. The attorney will now have to make any motions to dismiss or suppress evidence that may be appropriate, and defend the charges in court hearings and at trial, based upon all the arguments, documents, facts, evidence, witnesses, surveillance tapes, etc. All that will be available in discovery. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.
Related Questions & Answers
-
Can a cop arrest you release u in change for info then rearrest u an file the case... Asked 11/15/10, 7:08 pm in United States California Criminal Law
-
What goes on a juvenile record after completing a diversion program ? I received a... Asked 11/15/10, 12:53 pm in United States California Criminal Law
-
First time offence: codes 7028a, 7027a, 7159a 3 getting booked next week trial dec 3... Asked 11/15/10, 11:29 am in United States California Criminal Law
-
I need help with the juvenile law - my daughter will be 21 in two months she has not... Asked 11/15/10, 10:21 am in United States California Criminal Law
-
I found out my roommate put my toothbrush in the toilet. In the event that I had... Asked 11/15/10, 9:11 am in United States California Criminal Law