Legal Question in Criminal Law in California

while at a friends house his girlfriend walked in with some halloween masks saying she just bought them from a friend they both knew. i did not know the person but i assumed she had a yard sale and i told my friends gf she could sell them on ebay with halloween coming up and make some money. she said her friend had a few others and she would see if they were still available later that week. since i sell on ebay she asked if i would list them for her. i said i would and also said i would take no money for doing so since im on ebay all the time. later that week she gave me a few more that she had bought from her friend. i listed these and sold them and the person buying lived fairly close so i arranged for him to pick up instead of ship and when we went to meet the buyer a ton of sheriffs showed up saying these were stolen. i was arrested and my husband let go. i told them the truth but was told i was lying. the next morning the girl i got them from brought her friend into the sheriffs station to tell them i had nothing to do with this. the detective was not there nor did anyone else want to talk to them. she called and left messages for weeks and the detective finally called her almost 3 weeks later. he has said he does not think her or i were involved but has showed no interest in the person she bought them from. im going to court with this felony and all i ever did was a favor for someone. i am an ex federal law enforcement officer with what was a clean background and now im charged with a felony. am i going to prison? i had no idea and i know my friend and his gf had no idea these were stolen


Asked on 10/04/09, 3:49 am

3 Answers from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

If what you say is true, you ought to fight this charge for all you are worth. I think the case is very very winnable. Don't take a deal, and hand tough through it all, and I think the chances are good of getting a dismissal or acquittal. THEN follow up with a petition for factual innocence to totally clear up your DOJ rap sheet. The records of the arrest will be destroyed. For further information on Petitions for Factual Innocence (PFI), you can read my articles here:

http://lawyer-expungement.com/petition.htm

and

http://lawyer-expungement.com/results.htm

This is totally worth fighting, as a felony arrest alone will hurt you in many ways: credit, insurance rates, child custody, scholarships, school applications, even being allow to be a Brownies Den Mother. Good luck.

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Answered on 10/04/09, 2:13 pm
Steven Mandell Law Offices of Steven R. Mandell

I agree with most of what Mr. Dinday says, but write to express another strategy to think about. Hiring a criminal lawyer to intercede at the earliest opportunity might be the best thing to do. Do not wait until your court date. If the charges have not yet been filed by the prosecutor (the second step of a two-step filing procedure), it may be possible to prevent the charges from being filed at all. If charges are not filed, then you can have the arrest deemed a detention only. Your unblemished record remains essentially unblemished because a "detention only" is not even an arrest. So you can answer "no" to any question about arrests or convictions.

If you'd like to speak to me about this matter, please don't hesitate to call or email. Good luck. Steve Mandell, Santa Monica. [email protected]

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Answered on 10/04/09, 6:55 pm
Terry A. Nelson Nelson & Lawless

You're apparently facing a felony count, thus facing potential years in prison if convicted. The only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. The attorney's job is to get a good 'deal' you can live with, whatever that may mean from dismissal 'up'. If serious about doing this right, feel free to contact me.

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Answered on 10/05/09, 3:20 pm


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