Almost to Jury Trial & New Charge Added

[foreverprecious]

What is the name of your state?Calif, Criminal Charges

Hello,

I have another question (a few more to come). At the Prelim setting the Attorney for the Defendant was given the copy of the Felony Complaint showing counts 1 & 2 and the charges. The minutes of the next 3 court dates showed counts 1 & 2 and the charges where the same. At the Pre-Trial Conference under the charge PC1170.12 two subsections where changed and one subsection added to this charge. There is also another charge that has been added. Now there is a count 1, 3 & 4 (no count 2). Counts 3and 4 where assigned to the second defendant. This is very confusing. These changes and additions where never brought up by the Judge or the District Attorney. Is this normal? What’s the proper procedure? I thought the court was supposed to advise of any new charges and or changes.

Thank You


Precious

 

[garrula lingua]

Your atty should be keeping you informed.

Traditionally, one is charged with a PC 459 (burglary, second degree-commercial) along with 666/484(a) (PT w/P-Felony).

Possibly, there was no proof that you entered the establishment with the intent to steal, so this charge was dismissed ??!!

Your co-defendant can be charged with a separate count, or added to a count. If they did not have a previous conviction, then they should only have been charged with a Petty Theft (misd). You may both have been charged with the burglary.

What specific charges are on the complaint ?

PS: the Presecution can add/dismiss charges all the way up to the jury's taking the case under deliberation. This does not reduce the Prosecution's burden of proving each element, of each charge, beyond a reasonable doubt. Take it to jury trial if you are innocent.

 

[foreverprecious]

The charges for Count 1 are Commercial Burglary PC 459, PC 1170.12(a) through (d), PC 667.5(b), PC667.5,PC 1203 (e) (4).

The charges for Count 2 are Receiving Stolen Property are PC 666, PC 484(a) through (d), 667.5(b), 667.5 (b), PC 1203(e)(4).

As far as the charge for Count 1 Commercial Burglary. The defendant did not enter the building. The loss prevention report for Home Depot states that they observed 1 male suspect in the store and positivley identified the co-defendant as the suspect that walked out of the store with the stolen property and placed it in the back the truck where the defendant was waiting. The Police Report also states that the defendant was outside in his truck.

On the District Attorney's Felony Complaint, the first and only paragraph on the first page says: Count 1 crime of SECOND DEGREE COMMERCIAL BURGLARY in violation of Penal Code Section PC459, a FELONY, was committed by the defendant and the co-defendant, who did unlawfully enter a commercial building occupied by HOME DEPOT with the intent to comit larceny and any felony. Big stamp on page says FELONY 2 strikes.

It's like nobody is even looking at the reports in the complaint, they are just going by what count 1 says on the first page. It seems to me that the calendar is so over crowded that they are pushing plea bargins at ever case that comes through there. Every court date they has been a differant district attorney handling the case.

Thank You for helping.

 

[garrula lingua]

Wow, some credentials.

You've got some prior felony conviction(s) there (667.5 enhancement)
AND at least one serious/violent strike prior.

You've been to prison before. You can do this standing on your head.

Stupid idea, with that prior history to participate in a commerc'l burg & theft.

PS: You'll get double time for that prior strike plus one year for each prison prior - you're looking at exposure of about 8 years 4 mo. state prison, minimum for your open case & are you on probation for any other case ? If so, you're looking at a Probation Vio which has a lower standard of proof than beyond a reas doubt & probably a lot more time in st prison.

Go to trial. From the facts, I'd likely find you guilty.

Maybe you can convince a jury that you didn't know the items were stolen from the store.
But the jury will know of your prior felony convictions & the risk is great that you'll be found guilty.

The system didn't screw you. Your record, your acts & your choice of 'friends' (association with other felons) is screwing you.

Take it to trial, or neg. your best plea bargain with the DA.

 

[foreverprecious]

I'm out here looking for answers and I get stereo typical. The person He gave a ride to was his brother in law and he had no idea he was going in to the store to steal anything. The brother in law admitted to stealing the the items and signed an affidavit stating my husband had no knowledge of what toodk place.The past convictions are almost 20 years ago. My husband does not hang around with felons and we do choose our friends wisely most of them are upper middle class antique dealers/brokers. We own our home (the mortage is paid off). We also have our own Antique Furniture Restoration Bussiness This could have been anyone of us in the family from myself, to aunts & uncles, sisters, brothers and cousions that he has ask for a ride from one time to another.

When you posted your message and ask me what the charges where I tought I was going to get helpful answers, instead a get a GUILTY verdict that you based soley on prior convictions. THANKS FOR NOTHING BUT AN EMPTY FEELING

 

[garrula lingua]

It is what it is - those prior violent 'strike' crimes will always come back and bite him on the butt unless he stays 'squeaky clean'.

Hw's left with the same choicesL
1. jury trial
2. plea bargain
3. plead 'open' to the court (Judge).

Maybe he'll be found 'not guilty' by jury
or, the DA may offer a pretty good deal,
or, the Judge may order a low sentence.

"Strikes" don't go away - even 20 yr old strikes enhance current sentences (usu. doubles the sentence. - we just hate robberies, rapes, murders, etc)