Charged with wrong crime?

[legalaidgal]

What is the name of your state? CA Hi, I am currently in school and doing some research work for an attorney, he has given me a case to see what I can find. So I thought what a better place to get information from, the experts. I have so much respect for all of you and your knowledge. A man was charged with the following: 487d, 532a and 10851a and was on probation. He is a non-violent offender. According to his statement, he bought this vehicle with a down payment, (we have copy of cashed check). but neglected to make the past due 2 payments, so the dealer reported vehicle stolen and he was arrested. I am wondering if this charge should have been a breach of trust. The judge sentenced him to 18 months, he is currently in his 7 month at a reception center. Is there anything we can do to help this guy. I also found out that his Public Defender was changed midway through this case to one where this was his first case, as his initial PD was changed because of a conflict of interest due to the fact he was representating the man that our client had testified against in a murder case that he had witnessed in his home town, subsequently was beaten and almost killed in jail, in 2003 and currently has a lawsuit with the sheriffs dept with a Mr. Gregory Yates, personal injury attorney. I am thinking that maybe because of this, the courts may have been much more severe in his sentence. I feel something just isn't right here.

Also on another note, does anyone know how long an endorsement to a prison lasts, it seems that this man has been in reception a very long time. Per his records he was endorsed to another facility on October 27, 2005

Well thats it, and I thank you for any info you can give me.

with much respect
legalaidgal

 

[CdwJava]

A man was charged with the following: 487d, 532a and 10851a and was on probation.

Not good ...

487d is theft of gold dust or quicksilver from a mining claim ... I presume it was supposed to be PC 487(d) - Grand theft of an automobile.

Likewise I presume it is PC 532(a) - Fraud; and,

CVC 10851(a) - Auto theft.

Not to mention the associated probation violations.

He is a non-violent offender.

If you say so.

According to his statement, he bought this vehicle with a down payment, (we have copy of cashed check). but neglected to make the past due 2 payments, so the dealer reported vehicle stolen and he was arrested. I am wondering if this charge should have been a breach of trust.

There is a LOT missing if they charged fraud and auto theft for failing to make payments. There must have been evidence that he purchased it in a manner that was knowingly and intentionally false or fraudulent. Lacking the established intent, there is little chance of this being anything more than a case for the Repo Man or a civil suit.

The judge sentenced him to 18 months, he is currently in his 7 month at a reception center. Is there anything we can do to help this guy.

Help him, how? File an appeal? I suppose you can look for issues in the court record that might make a good appeal. But 7 months served of an 18 month sentence is not even close.

I am thinking that maybe because of this, the courts may have been much more severe in his sentence. I feel something just isn't right here.

Then your boss can check the record and see if there is an issue for appeal. But, so long as the sentence falls within the sentencing guidelines, I don't see that there is much to be done there.

As for processing, normally this takes no more than 90 days at a reception center (for assessment). After departing the reception center for his "permanent" housing facility, he may be placed in another "reception" unit at that facility until such time as appropriate housing becomes available. If there has been a delay at initial reception or at his assigned facility, his attorney can call and inquire.

- Carl

 

[gattman]

What is the name of your state? CA Hi, I am currently in school and doing some research work for an attorney, he has given me a case to see what I can find. So I thought what a better place to get information from, the experts. I have so much respect for all of you and your knowledge. A man was charged with the following: 487d, 532a and 10851a and was on probation. He is a non-violent offender. According to his statement, he bought this vehicle with a down payment, (we have copy of cashed check). but neglected to make the past due 2 payments, so the dealer reported vehicle stolen and he was arrested. I am wondering if this charge should have been a breach of trust. The judge sentenced him to 18 months, he is currently in his 7 month at a reception center. Is there anything we can do to help this guy. I also found out that his Public Defender was changed midway through this case to one where this was his first case, as his initial PD was changed because of a conflict of interest due to the fact he was representating the man that our client had testified against in a murder case that he had witnessed in his home town, subsequently was beaten and almost killed in jail, in 2003 and currently has a lawsuit with the sheriffs dept with a Mr. Gregory Yates, personal injury attorney. I am thinking that maybe because of this, the courts may have been much more severe in his sentence. I feel something just isn't right here.

Also on another note, does anyone know how long an endorsement to a prison lasts, it seems that this man has been in reception a very long time. Per his records he was endorsed to another facility on October 27, 2005

Well thats it, and I thank you for any info you can give me.

with much respect
legalaidgal

How can a dealer report car stolen when he know who has possession of the vehicle? Legally the car was not stolen, it was legally purchased. The fact that he did not make payments is grounds for repossesion by the car dealer. That is civil crime which the police have no involvement. Something is wrong with this picture if the police did involve themselves. He can't be charged with theft of a vehicle, he can be charged with illegal use, but thats hard to prove being that he purchased the car to begin with.

 

[CdwJava]

How can a dealer report car stolen when he know who has possession of the vehicle?

Easy ... "I saw John Smith take the car without permission!"

Knowing who the suspect is does not mean it was not stolen. Under CA law it is a matter of intent, not whether the suspect is known or not.

Legally the car was not stolen, it was legally purchased.

Maybe. Given the charges listed, and the fact that he was arresated and convicted for the crime, I'd say that it was NOT "legally purchased". Had it been a legal purchase, and had this been a civil matter, then it never could have gotten into a court room. Keep in mind that there if a fraud charge here.

The fact that he did not make payments is grounds for repossesion by the car dealer. That is civil crime which the police have no involvement.

See above.

Something is wrong with this picture if the police did involve themselves.

Let's see ... the victim, the police, the DA's office, the judge, a defense attorney, and (presumably) a jury - unless there was a plea.

That's a little more than just the police.

He can't be charged with theft of a vehicle, he can be charged with illegal use, but thats hard to prove being that he purchased the car to begin with.

See above.

- Carl

 

[calatty]

Your employer should fire you because you are not competent to do research. Legal research does not entail posting a question on a law website, but researching case law and statutes.

 

[legalaidgal]

Answer

Your employer should fire you because you are not competent to do research. Legal research does not entail posting a question on a law website, but researching case law and statutes.

F.Y.I. my teacher suggested that I ask this question on line to see what the different opinions would be, as well as do the research through case law and statues. Information from different sources is just that information. But thank you for your opinion nevertheless.