Legal Question in Criminal Law in California

My daughter has recently been convicted of felony grand theft (theft from an employer) in the state of Idaho. She is now waiting for extradition to California on charges of felony grand theft (theft from an employer in excess of 40k). This happened in Santa Clara County. What sentence can she expect. She keeps telling us she will only get some minor jail time and be home in Idaho by mid 2011.


Asked on 12/31/10, 6:12 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You've added a few more details since your prior question about this matter, but it's still impossible for anyone to predict the outcome of a criminal case without all the details... and even the most prepared attorney might not know what will happen until a jury returns a verdict.

Grand theft is a "wobbler," which means it can be punished as a misdemeanor, with up to a year in jail, or a felony with a maximum prison sentence of three years. If the total amount taken exceeds $65,000, it could add an additional year in prison.

Her Idaho conviction certainly won't help her at sentencing, but she might get probation. However, it can take months after a conviction to get probation transferred to another state, so it's pretty optimistic to think she will be back in Idaho within the next six months.

Of course, she won't be sentenced unless she's convicted... and there's no way to predict whether that will happen.

Finally, your daughter should NOT be talking to you, or anyone else, about this case. Her phone calls are probably montored and recorded, and anything she says about the facts could hurt her. She should only discuss this matter with an attorney.

The lawyer who represented her in Idaho should have consulted with a Califonria attorney, if he or she was aware of the pending charges here, and can probably give you a better answer than a stranger on the Internet.

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Answered on 1/05/11, 5:42 pm


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