Legal Question in Criminal Law in California

Re: Grand Theft by Embezzlement

Writing out a confession was very unwise, especially if you've given it to the authorities and/or to your former employer. This document can be used as evidence against you at trial, and such evidence is very persuasive. You have essentially tied your own noose and stuck your neck into it.

It is very likely that you will be sentenced to more than a year in prison, as you say. If this is indeed what happens it will not be possible to have the conviction reduced to a misdemeanor in the future and then expunged. You will only have this option if you are sentenced to less than a year in a county jail.

I hope your PD can get you a deal which makes this possible, but whether he can will depend heavily on the facts of your case as well as the attitudes of the D.A. and the judge. Your written confession makes the facts work against you, but hopefully the D.A. and judge will be lenient.

I empathize with your personal situation but, aside from your terminally ill lover, the problems you describe befall everyone who is sent to prison. That they will affect you as well is no reason to let you off easy.

You are also not likely to get any special treatment due to your lover's illness. I don't want to sound overly harsh, but serious consequences are a reason for people to refrain from committing crimes rather than for the courts to punush them less severely.

Good luck.

Re: Grand Theft by Embezzlement

You say you stole coupons, can you give me more information about the coupons? Depending on the circumstances, you may have several valid defenses that may be good for bargaining power. Contact my office monday, and we can talk about this further.

Regards,

JDH

619 871 3572

Re: Grand Theft by Embezzlement

For the benefit of those of you out there reading this sad tale, let this be a lesson: Don't confess. The superb ACLU video, BUSTED: How To Survive A Police Encounter, should be viewed by everybody -- it can now be viewed for free on YouTube. Google as follows: [busted site:youtube.com]

Re: Grand Theft by Embezzlement

While your confession makes defending this matter a bit more difficult, it is hardly a slam dunk for the prosecutor especially if you were correct to assume that the coupons would be thrown out... Any deal you strike will depend on your ability to pay resitution and find flaws in the people's case.

This is a national criminal defense firm with over 50 years of combined experience. Please contact me for your free consultation.