Legal Question in Criminal Law in California

Another Theft Question

While working for a retailer as cashier, I admitted to stealing up to a maximum of $120 over a period of a month between late April and early May. I was fired and arrested on the spot. My appearance date passed without and charges being filed, but I just received a letter from the DA stating a complaint was filed that I committed Grand Theft on or about 01-01-08 and I have to appear in court.

I never committed grand theft (I admitted to everything I did) and I never did anything wrong prior to April, 08, so obviously I will plead not guilty.

My questions are:

1. Does this mean they think I commited a greater crime around 01-01-08, or is this just a date used to say I committed a series of small offenses over the period of a year totalling over $400 (I started working there in 11/07)?

2. I'd rather win a grand theft case than plea bargain it down to petty theft (I don't like my chances on that charge, given my admission). Is it possible to refuse a plea bargain, win on the original grand theft charges, and have everything dismissed?

Given the job I held, and the fact that I have no job now, I can't afford an attorney, so I suppose I can get a public defender.

Thanks in advance for any answers/advice.


Asked on 8/02/08, 12:50 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Another Theft Question

Once you appear, you'll be provided the Complaint and police report to explain what you're being charged with. You have only three options, magically obtain a dismissal [not likely since they filed assuming they could convict you], negotiate a plea bargain, or go to trial. If you're willing to risk going to trial, with likely jail time if convicted, consult with experienced counsel before making that decision. Feel free to contact me for the legal representation you'll need in the process.

Read more
Answered on 8/03/08, 7:44 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Another Theft Question

With respect to your first question, both are possibilities although it seems more likely that they pulled the date out of a hat just to indicate that you committed a series of thefts over a period of time, with January being somewhat of an arbitrary date. They are either overcharging the offense as grand theft just because they can and feel like doing so or they have some basis, like statements, guesses or estimates from your employer, that you stole more than $120. (I would think the latter is more likely).

Second question is not as straightforward as you think. If you went to trial and the prosecution could not prove that the offense was not grand theft because less than $400 was involved, at the end of trial the jury would get an instruction that they could convict you of what in legal jargon is referred to as a lesser included offense because petty theft and grand theft are based on the same elements or facts that the jury would need to decide with only the amount being different. In other words, just because you could beat grand theft, it does not mean you could not get convicted of petty theft even when petty theft was not specifically charged.

Also, if you admitted to only $120 but the employer claimed more was involved, chances are the jury would believe the employer rather than you.

Public defenders are overworked and they will not give your case the same amount of attention that a good private lawyer would and sometimes they do not push as hard and are not as creative in getting you a good plea bargain. However, a lot of them are good trial attorneys and if your case went to trial you would most likely be well represented.

Hope this helps,

Jacek W. Lentz, Esq.

www.lentzlawfirm.com

310.273.1361

Read more
Answered on 8/02/08, 4:26 am


Related Questions & Answers

More Criminal Law questions and answers in California