Legal Question in Criminal Law in California

For those who missed the original post, this deals with a person who found an ATM machine at an Indian casino was loaded with $20 bills, not $1 bills, withdrew $4000 and lost most if it gambling.

There are many possible ways the case could be charged, depending on how creative the District Attorney might be. The most likely is some variation of grand theft, California Penal Code 487. which is a wobbler, meaning it could be charged as a misdemeanor or felony. A misdemeanor carries a maximum term of a year in county jail, and a felony can be punished by up to three years in state prison.

There could be other charges that would increase the potential punishment.

What actually happens depends on a number of factors, including your criminal record and the circumstances of the offense. For instance, if you went back to the ATM machine multiple times to exploit the mistake, a judge or prosecutor would be far less sympathetic than if you had tried to withdraw $200 in one transaction and got $4000 instead.

Your attitude about the case may also play a big role. Keep in mind that LawGuru is a public accessible site, and your original post contains many specific details that would probably be recognizable to anyone familiar with your situation. Some of the statements in your prior post seem to be blaming the casino for your actions. Again, that would not be viewed favorably by the judge or prosecutor.

Hiring a good criminal defense attorney would be a very good investment.