Legal Question in Criminal Law in California
i found an iphone 4s on the beach 4 months ago. i took the phone and brought it home. i then sold the iphone to gamestop , they gave me 280 dollars for it. then i got a call from the police saying that the owner of the iphone is pressing charges. what am i gonna be charged for? i have a clean record by the way.
2 Answers from Attorneys
The phone's owner cannot press charges - that is up to the prosecutor's office.
You could be facing possession of stolen property (unlikely), theft or theft of lost property.
Under any of those options, you're looking at a theft offense (more than likely a misdemeanor though). If convicted, it carries potential harsh initial consequences. But just as importantly, the lasting effect of a theft-related incident could be huge for employments, etc.
This is definitely worth getting an attorney for. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Please pardon any typos - posted via mobile device.
You face theft and stolen property charges. The charges actually filed by the prosecutor will determine how much �time� could potentially be imposed.
You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.
When questioned, arrested or charged with any crime, the proper 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. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does.
If serious about hiring counsel to help in this, and if this is 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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