grand theft - any advice?

[DGreen]

California.

I get hired to X company july of 2000. about 1 year into the job, i relocate. once at the new location, i'm put to work in the lotto/liquor/video rental department. this would be fine except i was 17 for part of the time, and for those that don't know, it's illegal for me to be selling alcohol. but i don't say anything.

fast forward 1 more year: july 2002. i get fired for giving supposedly $25,000 in "unauthorized discounts" to friends. now i admit that i had been giving them, but i still think that number is pretty high. but at that time i was scared and they asked for full cooperation in exchange for lighter punishment. i stupidly agreed to pretty much whatever they said, and they got a statement out of me admitting guilt.

so today (3/14/03) i get a summons to appear at a misdemeanor arraignment dept. on the 27th of this month.

couple of questions:

1. because it's a misdemeanor arraignment dept., does that mean it's not being charged as a felony?

2. can the written statement i made be revoked under any loophole if i decide to plead not guilty or plea bargain?

3. can i somehow bring up the fact they had me selling liquor and tobacco when i was 17? should i contact the company and ask if they'll drop all charges in exchange, or would that just ready them for that offensive?

4. what is the typical sentencing for me? (non-minor, 1st offense, totally clean slate) if i plead guilty? not guilty?

thanks for your time.

 

[Mike101]

Who did you give the statement to?

 

[DGreen]

their loss prevention department representatives.

 

[TYRIS]

California.

I get hired to X company july of 2000. about 1 year into the job, i relocate. once at the new location, i'm put to work in the lotto/liquor/video rental department. this would be fine except i was 17 for part of the time, and for those that don't know, it's illegal for me to be selling alcohol. but i don't say anything.

fast forward 1 more year: july 2002. i get fired for giving supposedly $25,000 in "unauthorized discounts" to friends. now i admit that i had been giving them, but i still think that number is pretty high. but at that time i was scared and they asked for full cooperation in exchange for lighter punishment. i stupidly agreed to pretty much whatever they said, and they got a statement out of me admitting guilt.

so today (3/14/03) i get a summons to appear at a misdemeanor arraignment dept. on the 27th of this month.

couple of questions:

1. because it's a misdemeanor arraignment dept., does that mean it's not being charged as a felony?

2. can the written statement i made be revoked under any loophole if i decide to plead not guilty or plea bargain?

3. can i somehow bring up the fact they had me selling liquor and tobacco when i was 17? should i contact the company and ask if they'll drop all charges in exchange, or would that just ready them for that offensive?

4. what is the typical sentencing for me? (non-minor, 1st offense, totally clean slate) if i plead guilty? not guilty?

thanks for your time.

1.)487 pc: grand theft, is a wobbler, which means it can either be charged as a felony or misdemeanor offense. usually wobblers are charged as a felony offense, but this isn't always the case.

if your going to a misdemeanor arraignment then it should be charged only as a misdemeanor. you might want to check on that.

2.) getting your written statement thrown out will be up to your attorney.

3.) again, speak to your attorney, its up to him to set up your defense.

4.) the punishment for 487 pc is as follows:

489 pc: Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.


Tyris

 

[DGreen]

thank you for the information

 

[Mike101]

I can't see where your statement will get thrown out. Store employees (loss prevention) do not have to follow the same rules as the police do. I think the statement will be there till the end.
I think if you plead or are found guilty you will be sentenced to probation and fined. I don't see you going to jail.

 

[DGreen]

what is the typical fine or fine range?

 

[AmosMoses]

DGreen

You seem like a fairly straitforward, candid individual. You don't sound like you are trying to deny anything you did nor threaten your former employer in some silly ass way. It sounds as though you merely wish to straighten this out, and are willing to use the company's possible mistake in using you underged to your advantage. I hope it works for you, especially seeing that what you stole you actually did for friends, not that it makes it any in way right or even less wrong. Speak with a lawyer ASAP, and basically explain to him as you have explained here. This "wobbler" this is new and interesting to me, but it sure sounds like you do have some room in this situation to work. I surely wish you the best of luck!

 

[DGreen]

Thank you Amos.

I spoke with a case manager, and the fee is $5000/misdemeanor $7500/felony. I need to call the Arraignment Dept. tomorrow and find out which way this case is "wobbling".

The only thing that I'm worried about is losing the opportunity to become a police officer/sheriff, and also having a potential felony on any aplpication i turn in (as if getting work wasn't hard enough already).

Maybe I shouldn't be so nervous. I'm just a little paranoid about what they'll do to me. A year in jail really doesn't sound too fun.

 

[TYRIS]

Thank you Amos.

I spoke with a case manager, and the fee is $5000/misdemeanor $7500/felony. I need to call the Arraignment Dept. tomorrow and find out which way this case is "wobbling".

The only thing that I'm worried about is losing the opportunity to become a police officer/sheriff, and also having a potential felony on any aplpication i turn in (as if getting work wasn't hard enough already).

Maybe I shouldn't be so nervous. I'm just a little paranoid about what they'll do to me. A year in jail really doesn't sound too fun.

-dgreen

i believe i may have misspoke in my last post, and for that i apologize. the code section i cited was the california code for grand theft, however, the district attorney can lesson the charge to a fine and/or probation. whether its felony probation or misdemeanor probation, i couldn't say. if you get probation, try to get it expunged when it's done.

as to becoming a police officer/sheriff. (sigh....) there are two main types of people that cops have a problem working with. cowards and those who have stolen. cops are peculiar types of people who have to trust their fellow officers to watch their backs completley.

i'm not saying that you can't become a cop, just that it may be very difficult for you. i've been a backrgound investigator for my department and if i see a theft charge on an applicants sheet, then they are no longer considered for the job.

Tyris

 

[DGreen]

I figured it would lessen my chances. We'll have to see how high the demand is when this is all said and done. If not, I can find other work. Maybe an MP.

Thanks for the reply.

 

[AmosMoses]

DGreen

Just my opinion here: I have no idea what your resources are at this time, but if you can, hire a lawyer and try your damndest to get this thing plead down to a misdemeanor if at all possible. A felony is something you DON'T want on your record if it can possibly be avoided, for more reasons than a desire to get into law enforcement, but it may be unavoidable...it all depends. The best advice anyone can give is to get the best lawyer you can afford. if you can't afford one, the state will furnish you one, an overworked, underpaid, very likely highly jaded individual. All the preceding factors are bad in a lawyer, but very understandable considering the circumstances for indigent defenders. These poor guys can only do so much for the numbers of clients they are expected to represent! So, I could make a list, and a very long one at that, of reasons you don't want a felony record following you, but you probably know already. Your case may be one that you could be looking at hoping merely to avoid jail time, I just don't know, but again, one last time, try to scrape up the money for a retainer for an attorney. Shop around, ask friends, etc. Many will work with you on some sort of payment plan. One final thing: if you do make arrangements with a lawyer to pay some now and some later, and he gets the matter disposed of prior to your paying him off, DO NOT fail to pay him/her the agreed upon fee, I don't care how "easy" you deem it was to have done, or if you "can't afford it" and "won't ever need a criminal lawyer in the future again anyway, cuz you won't do anything again". Aside from fully abiding by your agreed payment being the "right" thing to do, not paying the lawyer can and very likely will come back to haunt you later, and you will regret it. I mean, try to think about it like this: how would it be if the lawyer quit working on your case as soon as he got his money?!?! Few things are as potentially useful as a good working relationship with a good attorney, especially if you already have same set up when you need it. Trust me on that!!

 

[DGreen]

Well I called the Superior Court that's handling the case and the lady on the other end of the phone said, "The computer shows it's being handled as a misdemeanor".

A very nice statement to hear.

I'm just a little paranoid over the fact she wasn't 100% certain. Oh well. If it is a misdemeanor, do you all still recommend legal counsel?

 

[AmosMoses]

Hell yes, if nothing more than to assure that!!