3 stricks petty theft with a prior

[foreverprecious]

What is the name of your state? Calif

hello, This is what took place.

Ch1 gives ch2 a ride to Home Depot. Ch1 waits outside in truck. Leaves Home Depot drives about 3 miles and gets pulled over by local police. The idiot (ch2) had walked out of home depot with a chainsaw. Officer questions ch1, ch1 denies any knowledge tells officer he has no idea what he is talking about. The officer tells ch1 he’s lying that he knows what’s going on. Ch2 also denies any knowledge, but after awhile ch2 admits be stole it and put it in the back of the truck. Ch2 tells the officer that ch1 knew nothing about it be was just giving him a ride. OF COURSE THERE IS NO MENTION ON THIS IN THE POLICE REPORT. The officer puts in the report that ch1 said he knew ch2 placed the item in the back of the truck. The officer falsified the report ch1 never said that, and you can tell the why he writes each statement out and then all of a sudden he just sticks ch1 remark in there. Everyone that has read the report can tell that it’s bogus info. Except for the Judge & DA, oops I forgot their caseload they don’t have time to look further into the packet of the complaint. There are a whole lot of inconsistencies in the report and errors.

The front page of the Felony Complaint has a big stamp that says FELONY 2 STRIKES (2 strikes are over 15 years ago no trouble since) and says the following:

The undersigned is informed and believes that: Count 1 On or about August 9, 2005 in the above named Judicial District, the crime of SECOND DEGREE COMMERCIAL BUGLARY, in violation of Penal Code Section PC459, a FELONY, was committed ch1 name and ch2 name, who did unlawfully enter a commercial building occupied by HOME DEPOT with the intent to commit larceny and any felony.

Ch1 never entered the store. Even the Home Depot loss prevention people reported they had surveillance on one person which they id as ch2.

The second count is PC666 Petty theft with a prior.

So this is where it stands today. W have paid a so called criminal lawyer a lot of money and he has done nothing that he said he was going to do. He’s not showed up for scheduled appointments, doesn’t return our calls, he even took off on day and told ch1 it was ok to leave and it wasn’t they hadn’t even called the case. The last court date the attorney comes up and says they said they would give you 4 years if you don’t take it you will get 25 to life & be struck out. The attorney never told the DA (this is the 4th DA since the first court date) or the Judge anything about count 1 being wrong, he didn’t tell them anything about any findings he found that show innocence not guilt.

HOW SCARY THIS IS. THERE ARE TWO CHOICES: 1. TAKE A PLEA SEND 4 YEARS IN PRISON, LOSE EVERYTHING YOU HAVE WORKED SO HARD FOR EVEN THOUGH YOUR INNOCENT.

2. PLAY RUSSION ROULETTE WITH A JURY (a jury who has been given instructions by the Judge that they don’t understand, so 90 percent of them go with the mind set he must be guilty he‘s requested a jury trial) TRIAL AND TAKE A CHANCE OF SPENDING THE REST OF YOUR LIFE IN PRISON FOR DOING NOTHING.

Are these the only choices or is there a way to get some one to listen?

Does anyone know if police officers get bonuses, better annual reviews or raises for the number of good arrests they have each month?

Thanks for listening; any kind of information or help would be welcome

 

[Zephyr]

I know that if I were sitting in my truck, I would feel and/or see someone put a chainsaw in the back of the truck.

so are you saying you didn't know it was there, or you didn't know it was stolen?

 

[outonbail]

You have a couple of road blocks to get around, to pass go and collect $200.00.

A. Obviously, your prior record does not add any credibility to your testimony.

B. You are going to have a hard time convincing anyone that you gave someone a ride in your truck, then, sat in the parking lot and waited until they returned, then started to take them back to wherever you were bringing them, without knowing what the person's intentions were and then not knowing that he placed the a chain saw in the back of your truck.

C. Friends and spouses try to take the blame for someone else quite often, especially in a case where it's obvious they're already hung by the evidence. So the courts do not put allot of faith in the word of one criminal who's trying to take full responsibility which will result in another criminal getting off.

The fact that you sat waiting in the parking lot is suspicious. Does the phrase "Getaway driver" sound familiar? Lets face it, Home Depot is like a big toy store to most men, why would you want to sit in the parking lot waiting for your friend to return? Did you wait in a parking space for him to walk to your truck, or did you roll up to pick him up as he was exiting the store? This would also be on the security tape.

What was the petty theft charge for? Were there additional items in your vehicle which were lifted from the same or another location, which your friend also secretively placed in your vehicle without your knowledge?

Another unusual detail you provided with the information in your post makes it sound as if you and the friend you gave a ride to, have retained the same attorney. If so why? If you were not a partner in crime with ch-1, why would you share the same attorney, it makes no sense

 

[RedemptionMan]

agreed -- and the officers do not get bonuses however federal money for law enforcement increases are based upon the number of felony arrests they make. That is why when an officer stops anyone on any traffic stop they are trained and know what to look for to make a felony arrest. It is gonna be tough for you to get out of this because of your past record. Bascially, you will plea for the least amount of prison time you can get.... good luck...

 

[Zephyr]

You have a couple of road blocks to get around, to pass go and collect $200.00.

A. Obviously, your prior record does not add any credibility to your testimony.

B. You are going to have a hard time convincing anyone that you gave someone a ride in your truck, then, sat in the parking lot and waited until they returned, then started to take them back to wherever you were bringing them, without knowing what the person's intentions were and then not knowing that he placed the a chain saw in the back of your truck.

C. Friends and spouses try to take the blame for someone else quite often, especially in a case where it's obvious they're already hung by the evidence. So the courts do not put allot of faith in the word of one criminal who's trying to take full responsibility which will result in another criminal getting off.

The fact that you sat waiting in the parking lot is suspicious. Does the phrase "Getaway driver" sound familiar? Lets face it, Home Depot is like a big toy store to most men, why would you want to sit in the parking lot waiting for your friend to return? Did you wait in a parking space for him to walk to your truck, or did you roll up to pick him up as he was exiting the store? This would also be on the security tape.

What was the petty theft charge for? Were there additional items in your vehicle which were lifted from the same or another location, which your friend also secretively placed in your vehicle without your knowledge?

Another unusual detail you provided with the information in your post makes it sound as if you and the friend you gave a ride to, have retained the same attorney. If so why? If you were not a partner in crime with ch-1, why would you share the same attorney, it makes no sense

I don't even think the attorney could represent them both, could he? obviously that would be a huge conflict of interest

 

[rmet4nzkx]

CA PC459 is the wrong charge for Ch1, not knowing the previous conviction record it is hard to tell re CA PC666. You need your own attorney and a separate trial. While your story is not going to get you off, it could get dropped to something less if the HOME DEPOT tape only shows CH2 exiting the store and the sentence is less that you were told.

 

[outonbail]

I don't even think the attorney could represent them both, could he? obviously that would be a huge conflict of interest

I agree, this is why I asked because the OP's post reads like that is the case, which could result in a conviction being overturned and bring the case back to square one. Don't believe the courts will allow it.

 

[CdwJava]

however federal money for law enforcement increases are based upon the number of felony arrests they make.

Where can I find THIS federal grant!

Statistics help when it comes to obtaining some sorts of federal grants, but by and large these do not need to be inflated to get the desired result.

Plus, the DA could care less about the police departments grant applications - they file charges based on what they feel they can get at trial, not what the officers think the defendants should receive.

And #1 could be charged with burglary (PC 459) if he was a co-conspirator as his actions may make him a principal to the crime. Even if he did not enter the store he can be so charged.

- Carl

 

[CdwJava]

Does anyone know if police officers get bonuses, better annual reviews or raises for the number of good arrests they have each month?

Not in CA they don't.

More felonies might look good on their monthly stats, but we don't get bonuses ... that sort of thing is a quota, and that is illegal here.

The DA makes the charging decision - no tthe cop. The DA does not always agree with the charges the police book a suspect on ... very often they will charge up or down depending on the details before them.

- Carl