Legal Question in Criminal Law in California

Re: PC 487a by embezzlement

Thanks for your posting. I hope you don't end up with one opinion per attorney.

You do not have to be arrested for charges to be filed against you. If you truly cannot afford an attorney, then you will be appointed a public defender, upon request, at your arraignment.

You will not be appointed a public attorney before then, because if you plead guilty to the charges at your arraignment, the court may not assign an attorney, and if you bring in a private counsel with you, a public defender will not be assigned.

As far as what will happen to you, that depends on a number of different factors you did not mention in your email. If you plead guilty, you will be sentenced somewhere from the minimum to the maximum in this case, and if you plead not guilty, then it is up to your attorney to either defend the case at trial or preliminary hearing, or both, or negotiate a plea bargain on your behalf.

I hope that this answers your question, but if you have other questions, need more information, or feel that you need legal representation, please email me directly at [email protected]. I'm happy to help in anyway that I can.

Re: PC 487a by embezzlement

Your first court appearance will be the arraignment at which you will be informed of the charges against you. Plead not quilty. tell the court that you cannot affort to hire an attorney. you will be referred to the public defender, or its local equivalent. You will be interviewed to determine whether you qualify for a public defender. If you do not qualify, financially for the public defender, then request a referal to attorneys that will work for a reduced fee.

You should borrow the money on your home of liquidate assets to get the money to repay the money taken as soon as possible. Depending on how the da files the case you could be looking at 2 to 4 years in prison.

Re: PC 487a by embezzlement

I have read the responses by Mr. Johnson and Mr. Miller. I agree with both, given the general nature of your question. Now you have three of the same opinions. :) I'll just add the following for your guidance.

Assuming that you admitted you took the money, you will likely be convicted on some offense. However, this does not mean you must surrender to the whim of the District Attorney as far as sentencing. There is much you can do to minimize your punishment. Repaying the money is one of the most important. Another useful step is to get letters of reference from those who know you. These letters should indicate your circumstances and whether your behavior was in or out of character. The fact that you have no prior record of convictions will be helpful. You must show the court that you were acting under stress and are not a likely repeat offender.

If you cannot afford an attorney, call the public defender's office in advance of your arraignment date and get what guidance they can offer. They will let you know how to apply for their services.