Legal Question in Criminal Law in California
criminal court
I was arrested at my employment. the loss prevention made a civil arrest, then the police came. I was charged with grand theft with embezzlement, for scanning a coupon that was expired - I did not honor the whole amount of the coupon, it is commom practice at kohls do say Yes we Can. this happened in may. nothing has been provided by Kohls to prove evidence. my Public attorney does not seem to know what he is doing the judge even told him so. Can I speak with the judge? on my next court date? I plan on suing the kohls for a whole list of things- do I have to wait till this case is over? should I ask the judge for a marsden. please advice. I have no past arrest no record, one speeding ticket from 2003
5 Answers from Attorneys
Re: criminal court
You have two options. Either hire a private lawyer and fight the case -- you get what you pay for -- or you will have a criminal record for theft, and you'll never work again.
Do not do anything stupid like trying to speak to the judge.
Re: criminal court
No speaking to the judge or the DA without a lawyer. You are more likely to do yourself harm than good.
If you are not satisfied with your public defender you could ask for a Mardsen hearing to get another one appointed for you. A better alternative would be to retain private counsel who will give your case the time and attention it deserves. You have a lot at stake, especially if you are innocent.
I would probably wait with any lawsuits against your employer until your criminal case has resolved, although I would explore this idea more closely with your lawyer. Perhaps a threat of a lawsuit (if you really have grounds for one) could help in getting your employer on board for the idea of dismissing the charges against you. While they are not really in charge of that decision (the DA is) their input into the matter as victims could be key.
Hope this helps,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: criminal court
You must hire a private lawyer as soon as possible for optimum results. A private lawyer will have more time than a public defender to look at the facts of your case, meet with the District Attorney, and try to obtain the most favorable result for you, either through negotiations or at trial.
Feel free to contact our office anytime if you are serious about obtaining representation.
www.NotGuiltyInCA.com
Re: criminal court
Do what others have stated. Hire a private attorney. PD's just dont have the time to spend on your case and you will probably do better with a private attorney. You dont need these type of charges on your record.
Re: criminal court
I do not believe you need a Marsden motion or hearing unless you want to dismiss your current public defender for another public defender. However if you are using a conflict attorney in lieu of a public defender and your hoping to get another conflict attorney then it is probably necessary to proceed that way.
Do not try to speak with the Judge. It will only serve to cause you more problems. It is considered an exparte conversation and I doubt the Judge would allow it, unless the DA was present along with your current attorney.
I would suggest you hire a private attorney. Even if you do not have any financial resources for one. Try to find relatives that can help or friends that might be willing to loan you money. Private attorneys generally obtain more favorable results for their clients because they have more time and generally more experience than a lot of public defenders.
In regards to your civil case I would suggest you put your energy into your criminal case right now. The statute of limitations on the civil matter is not going to run out tomorrow and right now you need to concentrate on getting a favorable result in the criminal matter. However, you do not have to wait until your criminal case is over to sue your former employer. If you do not know how to start looking for a private attorney, call the local county bar association. They will probably have referral attorney lists. Good luck
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