Legal Question in Criminal Law in California

I stole a 20 dollar item from a store, then 2 months later returned to the same store. The owner recognized me and called the police. I was arrested and put in jail. They are charging me with 2 counts of fellony burglery. They are saying that because I returned, my intensions were to steal from them again....which constitutes 2 fellony charges. This is ruining my life!!! Can they do this???? What are my options????


Asked on 10/29/10, 1:22 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes, the District Attorney can file multiple charges against you. Whether they can prove those charges is a different matter.

To give you any sort of meaningful assessment of the case, a lawyer would have to review all the police reports and evidence. You shouldn't post more details on a public site like Lawguru, where anyone can read them. You need help from a lawyer working on your case, not a stranger on the internet.

If you can't afford to hire your own lawyer, the judge will appoint one from the Public Defender's office when you go to court.

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Answered on 11/03/10, 7:32 am
Terry A. Nelson Nelson & Lawless

Can they? Of course, they DID didn't they? Whether they can convict you is a different question.

What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, and if this is in SoCal, feel free to contact me. I�ll help you use whatever defenses you may have.

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Answered on 11/03/10, 10:57 am


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