Legal Question in Criminal Law in California

Grand Theft over $50,000

Im doing business with a guy, give him 30k with legal contract, etc..he ends up in jail for defrauding alot of people..he gets out and is slowly paying me back some money and then asks if I could make him a PO to buy bulk Iphones, I do but change my company name cause I cant buy the amount stated. I tell him ill buy a lot less once he gets them. He uses that invoice to defraud someone for $80k. He pays me a lil more and then he disappears, he has a warrant, he's arrested. Detective calls me to tell me they found him, asks me to come in to ck documents and arrest me at the police station. I get charged with one count of grand theft and am named as a co-defendant while this guy's in jail with 7 felony counts. I had no idea he was gonna use my PO to defraud someone. Had an arraignment and pleaded not guilty and now I have an uphill battle cause my attorny says the DA doesnt wanna deal and says it might have to go to trial. Looking to get some opinions and to possibly hire a worthy attorney. Case is in Newport Beach. I do have one biz related felony about 6 years ago which im sure doesnt help. To me its an open n shut case but what do I know. How much should an attorny charge me if it has to go to trial or if it doesnt for that matter


Asked on 12/27/07, 1:43 pm

3 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Grand Theft over $50,000

I agree that it's risky to go to trial, but if I was innocent, I would rather be convicted by my peers than plead guilty. If you plea bargain, then you can never say that you didn't do it.

Just because you might be convicted at trial doesn't mean that you will automatically go to jail. I lost 2 trials last year (although was able to get all charges in both cases dismissed except for one charge) and neither defendant did jail time. In fact, they each got a better deal from the judge than they would have gotten from the D.A. if they had pled guilty.

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Answered on 12/27/07, 9:37 pm
Terry A. Nelson Nelson & Lawless

Re: Grand Theft over $50,000

Well ....

If it really does have to go to trial because the prosecutor won't offer you any acceptable deal other than a straight up plea to the charge with prison time, then you're looking at 'serious' expense. I'm sure your current attorney has given you a price quote. Just because it is high is not a reason to dump him; it's going to be high from any experienced attorney. However, if you're not comfortable with your current attorney and his advice, then get a second opinion and try to find someone you do feel comfortable with. Feel free to contact me for that purpose. You need to face reality, whatever that is, about your chances of winning based on the facts, evidence and defenses you may or may not have. Going to trial is risky; I tell clients that any time a case goes to trial, at least one side has made a mistake of judgment. There will never be a guarantee it isn't your side.

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Answered on 12/27/07, 2:01 pm
Allen Farshi Law Offices of Allen Farshi

Re: Grand Theft over $50,000

It appears that you are being charged as either a coconspirator or an aider and abettor. Your case as in all criminal matters is fact specific and requires substantial discovery. Unless you have already gone to the preliminary hearing one is scheduled within 10 days from arraignment. I would generally continue the hearing for further discovery. Assuming any out of court statements implicating you were made by your codefendant, your may need to file a motion to severe, so that you will have your own separate trial, without prejudicial testimony being heard by the jurors. If you had given any statements in violation of your rights at the police station you may also need to file a motion to suppress. Call me only if you have already made up your mind to hire another attorney.

Good Luck

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Answered on 12/27/07, 4:45 pm


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