Legal Question in Criminal Law in California

Will I get jail time if Im convited of grand theft and this is my first offense?

2 detectives from the d.a office came to my house and asked me some questions about money I recieved from IHSS for my grandma. They showed me checks I recieved after her death and said I shouldnt have been recieving them. I then showed them documents that say I was entitled to breavement benefits for 52 weeks after her initial enrollment. I told them the social work gave me these papers. I gave them the workers name and phone number. They told me I might be charged with grand theft, and that I was overpaid $11,000. I explained to them again that I notified my worker of her passing and was told that I can continue getting these benefits for 52 weeks. They said they will make a report of everything and try to talk to the worker but from what they know he is retired. They also said that I might be getting some court papers in the mail.

I am very worried about what will happen to me. How long does this process take? When will I know if I am being charged or not? If I am charged, will there be any jail time since this is my first offense. I have never been charged of fraud in my life. Can you please give me advice. This wait is killing me.


Asked on 5/14/11, 6:26 pm

3 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

The best advice I can give is to stop posting so many specific details on the Internet. This is not a confidential site and anyone, including the police and prosecutor, can read what you've written.

LawGuru used to have an option for attorneys to delete questions that contained information like this, but it has apparently been removed. You should contact LawGuru customer service and ask them to remove the specifics.

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Answered on 5/14/11, 6:52 pm
Terry A. Nelson Nelson & Lawless

If tried and convicted, yes you will receive the law's specified penalty.

Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

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Answered on 5/16/11, 11:54 am
Terry A. Nelson Nelson & Lawless

Additionally, the most important advice for you is to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

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Answered on 5/16/11, 11:56 am


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