Legal Question in Criminal Law in California

Re: First Time Offender.....Grand Theft/Embezzlement

I am surprised the complaint is a misdemeanor, since grand theft is a felony. You will find out for sure when you go to court.

First of all, Do not talk about the case with anybody who is not your lawyer. Do not talk to the police or DA without an attorney present; and, if you find yourself in the presence of a police officer ask for an attorney right away, this will stop any questioning. Do not consent to a search.

These are serious charges that might well result in substantial jail or prison time, fines, and a permanent criminal record that could impair your ability to obtain employment forever.

You would be well advised to hire a lawyer and to have the lawyer with you at your initial appearance (the arraignment). Hire the lawyer will in advance of your court date. Borrow the money for the lawyer from family members if you have to. If you really have no other options, there is the public defender who will offer you a negotiated plea bargain -- you get what you pay for. At the arraignment, you would normally say nothing at all except for Not Guilty, Your Honor.

When you get to court, you will probably have to bee photographed and fingerprinted if you have not yet been arrested.

Please feel free to email or call if you have any other questions.

Re: First Time Offender.....Grand Theft/Embezzlement

The complaint can be amended anytime to change to felony, or add other counts. You face serious jail or prison time if convicted.

Free advice is worth what you pay for it. The only appropriate advice you're going to get from this site is to get legal counsel. If you can't afford a private attorney, ask for the public defender. Consult with your attorney before saying or doing anything. Your attorney is there to answer your questions, and only your attorney can answer them, and only once he knows all the facts and issues.

Re: First Time Offender.....Grand Theft/Embezzlement

Listen to what the others have posted. Get a lawyer because you are going to need one based on what you have described.

Re: First Time Offender.....Grand Theft/Embezzlement

Third time is the charm. Hire a lawyer. You are scared for good reason. Do not let this mistake ruin you.

As previously said, the charges can be amended. You need a criminal lawyer like myself now. Should you fail to hire a lawyer, it is likely the public defender assigned will want you to take first plea without much negotiation with the prosecutor.

JDH

Re: First Time Offender.....Grand Theft/Embezzlement

The most important thing you need to know at this point is that you need a lawyer and you should not talk to the prosecutor or the police under any circumstances, unless your lawyer is present.

If you cannot afford a private attorney, a public defender will be appointed for you at your first hearing in court. You lawyer will guide you through the whole process.

That said, to answer some of your questions, it sounds like you are lucky that you are being charged with misdemeanors. Your offenses could be charged as either felonies or misdemeanors and it looks like they are giving you a break on account of your clean record and/or perhaps other circumstances.

Your first date in court is called an arraignment where your plea absolutely must by "Not Guilty." All guilty people say "Not Guilty" at arraignment.

For stealing $7,000 worth of stuff you could face jail time but not necessarily, Get a dedicated and diligent lawyer to push your cases as far as it can go.

Feel free to call me if you are looking for an attorney in Southern California.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com