Legal Question in Criminal Law in California

Probation

I am now serving 2 years probation and 25 days cal-trans work (instead of jail time) for misdeamenor grand theft of $1600.00 I have paid restitution! It's now 3 months later and I have heard that my accuser now believes I may be responsible for taking more!

Can I be charged again? Even after my accuser filed charges 3 months ago and I pleaded no contest? I have being punished! And since I pleaded no contest to stealing $1600.00 my accuser naturally believes that if any more past monies is missing I must be responsible??

Will this be considered a probation violation against me? think I took more?


Asked on 10/24/04, 3:34 am

2 Answers from Attorneys
Catherine Lombardo The Law Office of Catherino Lombardo

Re: Probation

I have read the answer given to you by Mr. Hoffman. I agree with his comments. One thing that he did not mention is Double Jeopardy. Iff you have already been convicted of a crime (or plead guilty) , then you cannot be tried again (or charged) with the same crime OR from the same incident. I would guess that you are probably safe from more trouble. Your former boss can complain, but the law will most likely protect you.

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Answered on 10/25/04, 6:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Probation

Probation violations must occur during the probation, so a new accusation that involves prior conduct is not going to violate your probation even if it can be proven in court.

If there was a single theft and the employer now believes it was mistaken about the amount, there is probably nothing more that the courts can do to you. However, if the employer has learned of a different incident then you can be prosecuted for it. If you committed multiple thefts there is no reason why a conviction for one of them should prevent prosecution for the others.

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Answered on 10/24/04, 5:18 pm


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