Legal Question in Criminal Law in California

i worked for work for some one for 7 months and stole items from the house the person called the cop and field a complant.the cop called me to talk about it and i felt very bab about what i did i told the cops that i did it .i felt so bAd and i wanted to fess up to my crime like a real man because that was the right thing to do. so i organised i meeting with the person at the police department to talk with the family to tell theM i was sorry. the sargent of the department and i have become very close because he said that he know that i wasent a bad person that i just did some thing stupid under finachal hard ship.we talk every week leading up to the charges being filed.he alwasy told me every time that we talked that the charges were going to be grandtheft.so when the warrent camet out it was for resudentalburglary . he called me told me when it went out the next day i turned my self in.IN warrent court to clear the warrent the bond was 40,000 .dollars. and the judge let me go on sor probation till my next court date.their is no way i am going to plea guilty to RB. BECAUSE I DID NOT COMMIT THAT CRIME I STOLE AND I HAVE TO FACE THE LAW I CAN LIVE WITH THAT ON A GRAND SCALE THATS A FACT.IVe NEVER BEEN IN TROUBLE BE FOR MY P/D IS NOT HELPING ME AT ALL WE MEET ONCE SENCE COURT I GO BACK IN A WEEK.I CANT AFFORD A LAW YER.IM SO SCARED ONE MISTAKE MIGHT COST ME MY FA MILY .WHATCAN I DO TO STAY OUT OF JAIL. AND IS IT POLICE MIS CONDUCT IF WHEN I ADMITTED TO THE THEFT AND WAS TOLD BY THE COP THAT THE CHARGE WAS GOING TO BE G/THEFT AND THE WARRENT COMES OUT AS R/BURGLARY. HE LIED ABOUT THE CHARGE THAT HE TOLD ME HE WAS CHARG ING ME WITH .I THAUGHT HE WAS A HONEST COP BUT I STILL HAVE SOME OF HIS VOICE MSGS. ON MY PHONE .ABOUT THE CHARGE.HE FIRST TOLD ME IT WAS GOING TO BE G/THEFT .I THINK R/BURGLARY IS EXCESSIVE. IN THIS CASE.WHAT DO YOU GUYS THINK WILL HAPPEN I PRAY EVERY NIGHT IM REALLY SORRY FOR WHAT I DID.THANKS


Asked on 11/11/11, 6:06 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Stop whining. You not only stole, but you also confessed to the police. You used poor judgment in doing both of these things. If you had consulted a lawyer -before- speaking to the police, the lawyer would have told you not to say one word. I don't know why you decided it would be a good idea to "fess up." The police don't care if you're really a good person, or you're sorry, or your family is at stake. You confessed, this was your choice, and now you're going to have to suffer the consequences. When you get out of jail or prison, you will have learned two valuable lessons. One, don't steal; and two, don't talk to cops.

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Answered on 11/11/11, 7:36 pm
Anthony Roach Law Office of Anthony A. Roach

You don't provide enough information, and the information that you do provide does not dispel the assumption that you are guilty of burglary. At common law, burglary had a special definition. It was defined as the trespassory breaking and entering into a dwelling house of another at night with the intention to commit a felony therein.

In California's modern criminal law, burglary is defined as the entering of any room or apartment or building with intent to commit grand or petiti larceny or any felony. See Penal Code section 459: http://law.onecle.com/california/penal/459.html

I agree with Mr. Stone that you have gone a long way to helping the prosecution proving its case against you. I suggest you retain an attorney, immediately.

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Answered on 11/13/11, 11:33 am


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