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666pc And Gta Charge

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HEIDI28

Junior Member
What is the name of your state? CA
A Friend of mine just received these 2 chgs. He purchased the car with a down payment and did not pay the jan or feb payment. He was going to take the car back to dealer on Mon Feb 21. On Fri Feb 18th he was stopped by the police and arrested. He has had a prior petty theft chg, and a concealed weapon charge (which was actually a tool as he is a carpenter) On weapons chg they let me out of jail with probation. My question is what would be the maxium time he could be sentenced to jail and/or prison? and would this consitute a probation violation? Would the DA prosecute on this kind of case?

thanking you in advance for all your assistance

He was offered 4 years by da, his pd is taking case to trial. The thing the pd is concerned about is that he has a joint suspension. What exactly does that mean? pd feels the GTA will be dropped because of loan paperwork and the initial downpayment. But it looks like he will do time on the probation violation. Would judge consider reinstating probation if gta charge is dropped
 
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stephenk

Senior Member
first, don't type in ALL CAPS.

second, why do you need this information? your friend has an attorney, right? have him ask his attorney.

how long did he keep the car before "deciding" to return it to the dealer? was he driving to the dealership with the car when he was arrested?
 
S

seniorjudge

Guest
Could you please type this so we can read it?

Tell us exactly what it is you want to know.

You keep jumping from thing to thing, so let's just concentrate on him getting the car and getting arrested for not returning it, okay?
 

CdwJava

Senior Member
HEIDI28 said:
A FRIEND OF MINE JUST RCVD THESE 2 CHGS, THE GTA IS DUE TO THE FACT HE MADE ONLY THE INITAL DP TO ENABLE HIM TO LEAVE CAR LOT, HE WAS RETURNING CAR TO DEALER AS HE COULD NOT MAKE PAYMENTS, BEFORE WE COULD THEY SENT OUT A APB AND ARRESTED HIM AND CHARGED HIM.
That's not going to be entirely true. First, in California, the failure to pay for a vehicle is a civil matter resolved through a reposession and NOT a charge of auto theft. If he is being charged with CVC 10851 or PC 487(c) (auto theft) then something else is at work here.


HE IS CURRENTLY ON PROBATION AND IN A WITNESS PROTECTION PROGRAM FOR TESTIFYING IN A MURDER HE WITNESSED
Not a good idea to get popped for a couple felonies, then.


AND IN A CIVIL LAWSUIT AGAINST THE LAPD FOR NOT KEEPING HIM IN PROTECTIVE CUSTODY AND ALLOWING HIM TO BE BEATEN UP BY THE PEOPLE HE TESTIFED AGAINIST.
Good luck with that suit. Unless trhey stupidly made a specific guarantee of protection, that's not likely to go very far.


ACCORDING TO CAR DEALER THEY WERE NOT GOING TO PRESS CHGS ONCE CAR WAS BACK ON LOT, NOW THEY SAY THEY ARE BECAUSE THE POLICE TOLD THEM THEY SHOULD FOLLOW THROUGH ON THIS ONE.
The DA presses charges, not the police. The dealership may express a desire for prosecution, but it's up tothe DA.


I AM FEELING THAT HIS CURRENT LAW SUIT MAY HAVE CONTRIBUTED TO THIS.
Why? Out of 9,000 cops in Los Angeles, the two or three that might be aware he is suing the city (along with hundreds of others at any given moment) just happened to respond to this call?


ALSO WHY IS THE 666PC CHARGE ON THERE?
Apparently he has served time for a prior theft. When you commit a theft-related offense after having served ANY sentenced custody time, the subsequent theft can be made a felony per PC 666. My guess is that they would drop one of the two charges when/if this goes to trial.


I AM SO CONFUSED AND NEED SOME KIND OF ASSISTANCE ON THIS. SO IF ANYONE HAS ANY KNOWLEDGE ON SOMETHING LIKE THIS I WOULD APPRECIATE IT GREATLY :eek:
He needs an attorney.

- Carl
 

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