Legal Question in Criminal Law in California

embezalment

I was charged with embezalment

after a large amount of money was

missing from my job which i worked

security for. With little or no proof as

well as the witness who claimed she

saw me on camera which they have

no evidence of me physicaly taking

anything. the only thing that they do

have on camera is me leaving with a

bag that I take to work everyday

which hold my portable DVD player,

not to mention the witness passed

away while i was in jail of cancer,

which i was unaware of. i was offerd

a plea bargin to take a felony, time

served, pay restitution of 140

thousand , and 3 year probation. due

to my personal situation of my fiance

being pregant as well as becoming

homeless due to me being in jail I

just took the plea to get things

situated at home, then when I went

to court to determin my restution fee

I found out the witness had passed

away before my final sentencing that

my lawyer failed to mention. I was

wondering if I could take back my

plea and if so what are the proceders

and what do you think are the

chances of me winning the case, and

does the fact of the witness passing

away help my case in any way


Asked on 3/24/08, 9:50 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: embezalment

You might be able to get a writ of habeas corpus on the ground of ineffective assistance of counsel if your lawyer knew at the time of sentencing the witness had died, or if the only reason he didn't know was that he was unreasonably derelict in his duties. If he didn't know but his lack of knowledge was reasonable under the circumstances such a petition would probably fail.

I can't think of anything else to suggest.

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Answered on 3/24/08, 10:29 pm
Terry A. Nelson Nelson & Lawless

Re: embezalment

'take back' your plea?

Only through a Motion based upon admissible evidence and proper grounds sufficient to convince the court to do so. You could also file an Appeal if you have proper grounds, such as new evidence or lack of proper representation. There would be no promises or assurance of success, and there would be substantial fees and costs involved either way. If you're serious about doing so, feel free to contact me to discuss the provable facts.

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Answered on 3/25/08, 1:06 pm


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