Legal Question in Criminal Law in California

misdemeanor or felony

After a traffic stop, police had found some realiters lock boxes in the car. They charged it as a felony recieving stolen property. What would make that a felony not a misdemeanor? There was no knowledge of the items even being in the car.The first offer was 4 years at 80% due to a prison prior for stolen property in 1999, no other record. Is that ammount of time usually given.


Asked on 8/25/07, 5:07 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: misdemeanor or felony

The da has broad discretion in filing charges. It is probable that the decision to file as a felony was influenced by your criminal history. Possession of stolen property is not a felony that results in a strike and the defendant gets good time credits of one day for each day served, or two days for every one served.

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Answered on 9/10/07, 12:43 am


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