Legal Question in Criminal Law in California

I am being convicted of embezelment ($37k) and identity theft 5 victims, from a former employer. The identity theft was because we would use employee information and pay them as if they worked and transferred the money to a paycard then withdrawal the money. It's my first offense, my arraignment is this week. What will happen at the arraignment? Will I go to jail? I was arrested last month and let out on OR. This is in Ca. I had made a payment areangment with the employer and I've pd about 13k with interest


Asked on 8/27/12, 4:36 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

First of all you are not being convicted. You have not even been arraigned yet.

Four things will happen at the arraignment. First if you have an attorney, the attorney will tell the court that he/she is representing you. If you cannot afford an attorney, an attorney will be appointed for you. If you need time to get an attorney the court the court will continue the date for the arraignment.

Second, unless a plea agreement has already been worked out you will plead not guilty.

Third, you will either waive time or refuse to waive time. You have the right to have your preliminary exam in a felony case within ten court days. Talk to your attorney about whether it is wise to waive time or not.

Fourth, the Court will set a future court date.

Good luck

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Answered on 8/27/12, 4:46 pm
Terry A. Nelson Nelson & Lawless

You are being 'charged' with a crime, which you will have to defend against in court. At arraignment you will say nothing more than 'not guilty' . A pretrial hearing date will be set. Hire an attorney immediately, as he MAY be able to get the charges dropped or reduced because of the 'agreement and payment'. That should all have been part of the deal, but apparently was not because you didn't have an attorney.

When charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 8/27/12, 6:03 pm


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