• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bad Choice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bcmeanashell

Junior Member
What is the name of your state? California
I really made a terrible choice about two years ago and it is now catching up...bottom line is I am charged and pled guilty to Theft from dependant with S/A Ench - excessive loss over $50,000. I am to be sentenced by the judge this month. I had my probation reccommendation meeting. The PO said he thought I would do time. It is my first offense (and last). I had about a dozen letters of character from teachers, councilmen, city business owners etc. I have no record at all. I have been researching the California codes and it appears that probation is possible as long as I do not have any prior offenses. My questions are: Because I now live out of state will that preclude the judge to give me time instead of probation? What is a suspension of sentence? Are these charges federal or state? Would I qualify for work furlough if I could find a job in CA? (and was accepted). I have a good job and I am responsible for making restitution, it seems to me that locking me up would not help the victim because I could not make restitution without a job....and after being convicted of a felony I will be hard pressed to find decent employment, does this enter into a judges thoughts or is the time served as punishment more important than the restitution? Thanks for any clarification in these matters....I am scared to death but know I must accept whatever the judge hands down....
I have a public defender that seems to not have enough time to help much, in fact he didn't even have time to look over all the information I had to give the PO, and that included the statement I had to write for the judge! Should I make an appointment with a lawyer and run down the information to him just to make sure I am doing all I can or is it too late???
 


CdwJava

Senior Member
bcmeanashell said:
My questions are: Because I now live out of state will that preclude the judge to give me time instead of probation?
It makes probation more difficult.


What is a suspension of sentence?
It means they suspend imposition of the sentence ... it is held over your head.


Are these charges federal or state?
If you are being tried in a state Superior Court, then they are state charges. This does not preclude the feds form also charging you should they have cause to do so.


Would I qualify for work furlough if I could find a job in CA? (and was accepted).
Possible, but hard to say. Ask the Probation Department.


I have a good job and I am responsible for making restitution, it seems to me that locking me up would not help the victim because I could not make restitution without a job....and after being convicted of a felony I will be hard pressed to find decent employment, does this enter into a judges thoughts or is the time served as punishment more important than the restitution?
They'll get their restitution from you one way or the other. But they aren't going to just give you a pass and call the theft of $50,000 a misdemeanor just so you can keep a good job.


Should I make an appointment with a lawyer and run down the information to him just to make sure I am doing all I can or is it too late???
A public defender IS a lawyer. If you have enough money for a private attorney, I am surprised they allowed you a public defender in the first place.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top