Legal Question in Criminal Law in California

Re: Theft and identity fraud

He may be charged while he is serving his sentence, or he could be charged after his release. It would be best for him to face the charges now, and attempt to "package" his punishment with the sentence he's currently serving, to avoid additional punishment. In addition, alternatives to prison, like the Restition Center are available to help make the victims whole without punishing the offender as if this were a violent offense.

His wife is without the authority to "drop" charges, as she is not the one who brings the charges. She merely was the complaining witness. It is the prosecutor who charges people with crimes and who makes the decision, in some cases, to drop the charges or reduce them.

Luckily, these charges do not qualify as "strike" convictions under the Three Strikes Law. Unfortunately, however, identity theft and credit card fraud are the crimes of the day in the prosecutors' office. It's the domestic violence of the 2000's. These cases are filed and treated carefully.

If you would like more information, feel free to contact me directly at (800)515-0233 or [email protected].

Re: Theft and identity fraud

Thank you for your inquiry.

After Ms. Rubio's very comprehensive answer, I can only add that while your brother could face additional punishment (up to the maximum for the new charges plus a probation or parole violation on the old charges), he is innocent until proven guilty. As previously mentioned in another answer, there are many alternate forms of punishment worth exploring as well.

It is not her charges to drop, so she cannot drop charges -- only the prosecutor can do so.

And, to answer your final question, they typically will go ahead and prosecute even while he is in prison -- and transport him to hearings on this case until it is resolved. Any punishment he gets, if he pleads or he is found guilty, can be either run concurrent, or consecutive to his existing sentence, adding to his total jail time.

I hope that this answer helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.