Theft

[Devioux]

California

I'm 17 so basically what happened was me and this other got into a fight it ended with him telling me to stop which i did and then him saying something along the lines of ill give you 10 dollars just stop man and throwing the 10 dollars at me me being a idiot didn't drop the 10 dollars and just walked away. Then later on the cops knock on my door blah blah blah and the kid accuses me of taking his phone and I didn't touch his phone. Now I'm getting charged with robbery, what can I do and more importantly what kind of punishment do I expect?

btw I have a prior for a hit and run but I turned myself in and charges were dropped and I never spent a day in court for it.

 

[OHRoadwarrior]

Can you please translate this at an older comprehension level? Are there any witnesses to say you took the phone? Did you make a statement? Without any evidence other than he said, she said, you are unlikely to be found guilty of anything.

 

[CdwJava]

If you are being charged with robbery this is a VERY serious criminal offense that can be a felony STRIKE on your record, and could subject you to state prison time (even if it might be in California Youth Authority). While prison time for a first felony offense is not likely in this scenario, you can still be convicted of felony robbery.

It is time to keep quiet and consult legal counsel. if your parents cannot afford one, then the court can appoint you legal counsel.

 

[Devioux]

Can you please translate this at an older comprehension level? Are there any witnesses to say you took the phone? Did you make a statement? Without any evidence other than he said, she said, you are unlikely to be found guilty of anything.

There were 2 other witnesses and they both have told the police I didn't take his phone. I made a statement saying exactly that. I admitted to keeping the 10 dollars and I returned it.

I'm not 100% sure if im charged with robbery

 

[OHRoadwarrior]

There were 2 other witnesses and they both have told the police I didn't take his phone. I made a statement saying exactly that. I admitted to keeping the 10 dollars and I returned it.

I'm not 100% sure if im charged with robbery

We can't really advise you on anything then, except to say that under no circumstances should you admit to anything, to anyone. I would politely decline to provide any more info, or make a statement to the police if they ask. Let them know you wish to consult a lawyer first. If you are charged with something, come back and we will try to help you. If your friends ask, tell them you don't want to talk about it.

 

[Devioux]

We can't really advise you on anything then, except to say that under no circumstances should you admit to anything, to anyone. I would politely decline to provide any more info, or make a statement to the police if they ask. Let them know you wish to consult a lawyer first. If you are charged with something, come back and we will try to help you. If your friends ask, tell them you don't want to talk about it.

I'm definitely charged with something, I was handcuffed, had my fingerprints taken and all that jazz. I was released right after into the custody of my parents however

 

[CdwJava]

Taking the money by force or fear is robbery. I am not sure where the phone comes into this, but they do not need the phone to make this case. Just what you wrote about the ten dollars establishes probable cause.

 

[Devioux]

I didn't ask for the money nor did I event want the money. I'm just wondering what the consequences will be.

 

[CdwJava]

I didn't ask for the money nor did I event want the money. I'm just wondering what the consequences will be.

But, you took the money when he gave it to you asking that you go away ... that can be seen as robbery. That act potentially elevated this beyond a simple fight.

 

[Devioux]

But, you took the money when he gave it to you asking that you go away ... that can be seen as robbery. That act potentially elevated this beyond a simple fight.

The moment he said stop I stopped and got off of him(we were on the ground fighting) and as I began to get up the money thing came into play. He threw the money at me and I caught it.... when I was talking to the cops they were very adamant about the whole "if we find out you took his phone your going to juvi". Based on that and the fact that it was only 10 dollars is there any chance the judge will dismiss my case or let me off very lightly?

 

[CdwJava]

The moment he said stop I stopped and got off of him(we were on the ground fighting) and as I began to get up the money thing came into play. He threw the money at me and I caught it.... when I was talking to the cops they were very adamant about the whole "if we find out you took his phone your going to juvi". Based on that and the fact that it was only 10 dollars is there any chance the judge will dismiss my case or let me off very lightly?

Given no significant prior criminal history, it is very possible that a plea can be reached that will involve battery, fighting in public, or even simple theft. But, until you have an attorney who can evaluate the state's case and let you know how the DA is looking at this, anything can happen.

 

[Devioux]

Given no significant prior criminal history, it is very possible that a plea can be reached that will involve battery, fighting in public, or even simple theft. But, until you have an attorney who can evaluate the state's case and let you know how the DA is looking at this, anything can happen.

Thank you, but I'm still wondering as to what I'm looking at. Probation, fine, CYA etc. just from your experienced opinion. Also do you feel a public defendant is good enough for this case or should I seek an attorney?

 

[mistoffolees]

Thank you, but I'm still wondering as to what I'm looking at. Probation, fine, CYA etc. just from your experienced opinion. Also do you feel a public defendant is good enough for this case or should I seek an attorney?

No one can predict what you're going to get. Ask your attorney what judges in your area tend to do.

A public defender is better than nothing, but if I were looking at possible jail time, I'd do everything in my power to get an attorney who could devote the necessary amount of time to my case.

 

[CdwJava]

Thank you, but I'm still wondering as to what I'm looking at. Probation, fine, CYA etc. just from your experienced opinion. Also do you feel a public defendant is good enough for this case or should I seek an attorney?

No one can guess as to the outcome of an unknown case involving unknown parties in an unknown county. If you have been charged with strong arm robbery per PC 211, then this is a serious and strike-able offense that could result in prison/CYA time. It is not likely to result in CYA time for a first time juvenile offender, but, it can.

If your parents can afford an attorney, then you will not qualify for a public defender. If they lack the means to pay for an attorney then the court should appoint one on your behalf.