Legal Question in Criminal Law in California

our daughter was arrested on the job for stealing money 16 dollars when the police arrived they found drug paraphaniea foil and a straw she was smoking oxicone she was taking to the police dept. and was released on two charges petty theft and drug paraphnia a ticket was given for a court date in april they were both mistermeaners while she was at work human resouses on the phone pressured into writting a note saying she had taken 1600 dollars over a 4 month time she was high at the time this the first time she has ever been trouble or been invoved with drugs this was all new to us her parents casey was put into detox that night at kaiser and we put her into rehab at whiteside in riverside county she has been there for 35 day we recieved a letter from her work stating she was terminated for theft along with her last check no other charges have been filed our question can we be blind sided with more charges when we arrive at court and she can be arrested on sight


Asked on 3/02/10, 9:57 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Yes, there is always a chance a person will find out different charges are filed when they show up for their first court appearance.

That's because the police guess which charges the District Attorney will file when they book someone into the jail. The DA then reviews the police reports and decides which charges to file.

For example, if the District Attorney believes there was a usable amount of oxycodone on the foil, as opposed to mere residue, your daughter might be charged with felony possession.

She might also be charged with felony grand theft for stealing more than $950 from an employer within a 12 month period, if the employer reported the theft to the authorities.

The District Attorney could also ask a judge to issue an arrest warrant so she could be picked up before the court date.

In this case, your daughter may be far better off by hiring an attorney now. By getting involved early in the case, lawyers can sometimes convince the DA not to file charges, or to file less serious offenses.

If she can't afford an attorney, the judge will appoint the Public Defender when she goes to court.

Read more
Answered on 3/07/10, 10:57 am


Related Questions & Answers

More Criminal Law questions and answers in California