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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-24-2007, 06:55 PM
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488 pc: $160. What do I DO?!? Help please.


What is the name of your state?: California.

I was arrested for trying to steal two $80 hard drives from a wholesale store. A total of $160. I have no IDEA what to do OR what to expect. This is the first crime I've ever done and I'm 21.
I've never even drank alcohol!!!

What is this? A grand petty for being over $100?

The cop said I could get fined $1000 and/or go to jail for six months!!!!
This seems extreme for a first offense doesn't it?

There's no case really, I did it, it was obvious, and I admitted it. I just want to see if I can make this ruin my life as little as possible.

Any help will be appreciated.What is the name of your state?

Last edited by failed; 01-24-2007 at 07:11 PM. Reason: Subscribing to topic.
  #2  
Old 01-24-2007, 07:01 PM
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I wouldn't expect 6 months in jail ... though it is possible.

Most the time you will receive probation and a fine, maybe community service, and MAYBE two days in custody if they are real cranky. The custody time will make any future theft of ANY falue a possible felony, so some courts will pursue this.

Oh, you may also have to pay a civil assessment to the store of up to $500 above and beyond any fines or compensation you have to pay in court.

Don't stress TOO much. And consider speaking to an attorney just to be safe.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

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....author unknown
  #3  
Old 01-24-2007, 07:10 PM
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Do you suppose the court-appointed attorney will work? I asked the officer when I could get in contact with the attorney and the cop said "maybe a day or two before the trial"

That's not much time to plan at all! Is THAT normal?

(And thank you for the help)
  #4  
Old 01-24-2007, 07:20 PM
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At your first court date you will be asked whether you wish to plead guilty or not guilty. This is the arraignment. At that time you will be asked about an attorney. If you cannot afford an attorney they will give you information regarding a public defender.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 01-29-2007, 02:39 PM
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My friend's mother works in CA as an attorney.

It did calm me down quite a bit to ask her advice.

Though, I do have to wonder, she told me to not plead guilty or fight it, but to say "No contest." It's not saying I didn't do it, but also making it so that the store I got the stuff from couldn't sue me.

I've been trying to look up what implications saying no contest will result in though. Any thoughts or opinions on this?

I trust her and all, but why have I NEVER heard of anyone doing this before?

Also, if I do get jailtime, is it just holding me in a cell, or will they shave my head and try to reform me like I was in a military camp or something?
  #6  
Old 01-29-2007, 02:59 PM
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Quote:
Originally Posted by failed
Though, I do have to wonder, she told me to not plead guilty or fight it, but to say "No contest." It's not saying I didn't do it, but also making it so that the store I got the stuff from couldn't sue me.
I think you misunderstood her. While "no contest" means that you do not have an admission and allocution on the record, you can still be successfully sued. A normal "guilty" plea requires you to allocute to the offense and explain how you committed the offense. An admission can kill you in a lawsuit. In this case, however, they don't NEED to sue you. They will make a civil demand for up to $500 and you will have to pay it or risk being sued.

Quote:
Also, if I do get jailtime, is it just holding me in a cell, or will they shave my head and try to reform me like I was in a military camp or something?
Think cell and cellmate. Boot camp is rare, and is something the defendant tends to agree to in a deal.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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