Legal Question in Criminal Law in California

First time offense - grand theft

I was recently charged with ''Grand Theft'' section 487 (a). This is the first time I have done something like this. They did a bunch of paperwork and let me go under the ''OR'' program. My court date is 12/21.

I had picked up an electronic device worth $499.00 on a bet with my brother.

I have a clean record, not even a traffic violation.

They told me I could go to jail for 1 year! Is that true? Can I get some advice on what to do next?


Asked on 12/06/01, 7:26 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: First time offense - grand theft

You would be well served by retaining an attorney. Please call me directly at (619) 222-3504.

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Answered on 12/07/01, 12:21 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: First time offense - grand theft

Thanks for your posting.

Penal Code section 489 prescribes the punishment for grand theft (which is 487):

"Grand theft is punishable as follows:

"(a) When the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, 2, or 3 years.

"(b) In all other cases, by imprisonment in a county jail not exceeding one year or in the state prison."

So yes, you could conceiveably do up to the MAXIMUM, which is one year, or state prison time, which is by definition more than one year. That doesn't mean that is what you WILL do, but it would not be truthful to state that you are not exposed to one year, at least, of jail time. You should know, as an informed citizen, what the potential is in your case.

Thanks, and if you have more questions, need more information etc., please feel free to email me or call me at 1-877-568-2977.

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Answered on 12/06/01, 7:39 pm
Chad Lewin Dean & Lewin, LLP

Re: First time offense - grand theft

Please feel free to contact me at (800) 458-1488 for a free consultation where we could discuss your case in detail.

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Answered on 12/06/01, 8:23 pm
Victor Hobbs Victor E. Hobbs

Re: First time offense - grand theft

Robert gave you the maximum exposure. The last one of these cases I did the offer from the D. A. was 15 days in the county jail. The next offer was for 10 days. I finally talked the D. A. into a couseling program. I don't recall what the fine was. Probably somewhere around $200.00 plus the penalty assessment (which is 170% in Orange County). So that's 200 + 340 = $540.00 and all the little extras that they tag on or about $600.00. The court will let you make payments. Then there's the bill for the store's security program, which is going to be between $300.00 to $450.00. You'll get a letter form their attorney.

On the guilty plea you'll have one year hanging over your head if you get violated.

The case may be defenseable. So talk to an attorney before you plead.

Lots of luck - hopefully your next brother will be more helpful.

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Answered on 12/06/01, 8:28 pm
David Diamond Diamond & Associates

Re: First time offense - grand theft

I would need to know which court this is at. The amount that constitutes grand theft to petty theft is $400. That is the cut off point. Being that this is your first offense, you may be able to get straight probation. It would really depend on what the relationship is between the defense attorney and district attorney. You must pick wisely in this matter. Please contact our office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

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Answered on 12/06/01, 8:31 pm


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