Legal Question in Criminal Law in California

Can it happen?

I was charged with misdeamenor grand theft last year and was given 2 years probation and 360 hours of community service of which I have already completed 80 hours. I hear that if there is any evidence that I stole more than I was originally charged with stealing and have pleaded no contest to, that I can be charged once again and this time it would be felony grand theft! Is it possible to be charged twice for the same offense? One for misdemeanor and again for a felony if at a later date an investigation took place after the original charge and the investigators found that I actually took much more???


Asked on 2/09/05, 2:40 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can it happen?

You can be charged again if there is evidence of additional thefts which were not charged the first time around. You also can be charged again with any thefts that were previously charged but which did not play a part in the judgment - e.g., if those charges were dismissed without prejudice. But you cannot be charged again if it merely turns out that the thefts of which you were convicted were larger than had been believed.

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Answered on 2/09/05, 2:56 pm


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