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503 Penal Code, Pls Help me!

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emsing

Junior Member
:confused: What is the name of your state? CA

Advice needed, thanks and appreciation in advance.

In dec, 2005, i was cited at work when my employer called police. My charges were embezzlement for letting family members keep discount coupons and ringing their purchases with the discounts that i did not scan.Instead, i let them keep the coupons and i under-rung them. The charges for what i had done was $620. I was given a restitution note or 'promissory note' for that amount. I signed the note, promising to pay back the amount.
Police came, gave me a citation and told to wait for a letter from local court.Employer then told me that they will suspend me for 4 days. I called my store manger the day after to resign. I also send in a formal resignation letter. 4 days after that incident, i paid up entire amount of restitution to the employer. 2 months passed and i just received an arraignment notice to appear in court for the charge of "503 Penal Code-Embezzlement".
My dilemna is : 1) What shld be my next step? I have done some research on the judge presiding over my court case and i found out that she was a prominent prosecutor and deputy district attorney before being appointed to the court where i will have my arraignment. Would that be a significant impact on the decision of the resolution of my case? Because of her strong history, what do you advise?
2)I have not come to a conclusion to whether i should plead guilty or nolo-contendere?Pls advise.
3)My case is classified as a 'Class A Misdemeanor', what exactly does that mean? Is that the most serious classification level of a misdemeanor?
I am extremely disapointed with myself for what happened. I am buried in humiliation and worries every single day about what my future holds for me. I am 22 yrs of age. I am still in college and before this incident, i was working towards a law degree but i highly doubt that, that dream will ever be possible.
However, i am not seeking sympathy or pity. I am ,however, seeking advice on this problem i made. Please help me in answering my question if you can. I will greatly appreciate any advise given. Thank you again.What is the name of your state?
 


CdwJava

Senior Member
emsing said:
Police came, gave me a citation and told to wait for a letter from local court.
What? You're describing a felony (since the value is over $400) ... we don't issue citation for felonies - we can't. What was the code section they issued a citation for?

Now, if you were a juvenile, I can see them issuing you a juvenile citation which is essentially a referral to Juvenile Probation and THEY file the charges through the court and you are contacted later down the road. But since you are 22 years of age ... ??

The only thing that leaps to mind is that you were cited for misdemeanor theft as they did not yet have all the information to show the value of the theft/embezzlement exceeded $400.

1) What shld be my next step?
Secure the services of an attorney. If you cannot afford one, the court will appoint one for you at your arraignment.

Also, what the arraignment judge did or did not do before appointment to the bench is mostly irrelevent. Most judges have been prosecutors. Many defense attorneys in private practice have been prosecutors. Its the nature of the legal beast.

The arraignment is very basic - you offer your plea, your attorney might make a motion or two, and a preliminary hearing date is set.

2)I have not come to a conclusion to whether i should plead guilty or nolo-contendere?Pls advise.
This is something only your attorney can advise you on. Keep in mind that "guilty" and "nolo" have the same end result - conviction.

3)My case is classified as a 'Class A Misdemeanor', what exactly does that mean? Is that the most serious classification level of a misdemeanor?
We don't have a "class A misdemeanor" in California. Where are you getting THIS from?

You need an attorney to advise you ASAP.

- Carl
 

emsing

Junior Member
Reply to:

Thanks for the reply.
I was given a citation and wasnt booked.I do remember now that the officer did said that if ever i am to be pull over by a police officer, if i am asked if i had 'done' anything before, he said that for me to say theft. I wasnt sure what what he meant. I have the citation here. It says '503 Penal Code- Embezzlement'.
Yes, My case is classified as a class A misdemeanor because when i logged onto my local county's court webpage to check on the status of my case, it showed my court dates and the classification "Misdemeanor- Class A "
Thats what im still confused about.....
As for obtaining the services of a attorney, do i have to pay ahead for services for the attorney to help me?
Thanks again.
 

CdwJava

Senior Member
emsing said:
I was given a citation and wasnt booked.
They cited you for the misdemeanor section, then. That means they originally charged you with embezzzlement or theft of less than $400.

I do remember now that the officer did said that if ever i am to be pull over by a police officer, if i am asked if i had 'done' anything before, he said that for me to say theft. I wasnt sure what what he meant.
It had no legal significance, but he was likely trying to drill home that you are an accused thief.

I have the citation here. It says '503 Penal Code- Embezzlement'.
And this is charged as a misdemeanor or as a felony - depending on the amount stolen. Your amount would be a felony. However, the DA has the discretion to drop the charge to a misdemeanor which, it appears, they have done.

Yes, My case is classified as a class A misdemeanor because when i logged onto my local county's court webpage to check on the status of my case, it showed my court dates and the classification "Misdemeanor- Class A "
Thats what im still confused about.....
So am I ... we do not HAVE "class A" misdemeanors in California. It must be a local reference for some purpose. Perhaps they refer to misdemeanors that have been dropped from felonies as "Class A" in your county. But in the state Penal Code, there is no reference to "class A" misdemeanors anywhere.

As for obtaining the services of a attorney, do i have to pay ahead for services for the attorney to help me?
At arraignment, if you cannot afford an attorney, application can be made for the services of a court-appointed attorney.


- Carl
 
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