Shoplifting, Larceny, Robbery, Theft facing felony charges in ca, no prior record

[riversofbabylon]

I am a 20 year old male, no prior criminal convictions whatsoever, full time student, and gainfully employed. I am being charged with 459 pc in california. i am accused of stealing a laptop and walkie talkie from an elementary school. police served a warrant at my house and seized the items. my co defendent and i were arrested and later released from county jail on Own Recognizance.
there is apparent eyewitness and video evidence placing us at the scene.

My questions are:
1) Do I need to hire a lawyer or is a P.D. suitable?
2) Given my status in the community, what are chances of this felony being reduced to a misdemeanor and/or avoiding jail time?
3) Would a guilty plea be wise in order to avoid jail/felony charges?

Thanks to anyone who takes the time to read and/or respond to my call for help.

 

[Prudens]

I'm no lawyer, but I have a friend who is charged with shoplifting 3 memory sticks from BestBuy. Her trial date is like 2 days after Christmas... Save yourself and family turmoil and hire a criminal defense lawyer...

I hope you'll avoid jail time and just pay some heavy fines...

Also, ask your lawyer to "motion for discovery" from the court. It allows him/her to see the evidence brought against you.

Yea, it's a learning experience man...

 

[Prudens]

And my lawyer tells me that "plead guilty" is only for people with no lawyers. Never do that. You think you might get less severe sentence by doing that... but by doing that you'll not get a trial I think. You WANT a trial. A fair trial. And if the evidence (video tape) is really bad enough to bring you down, be as honest and as saddened by your actions as you can in court!!

 

[CdwJava]

I am being charged with 459 pc in california.

This is burglary. And since it is apparently from a school, it would be second degree burglary - a felony.

i am accused of stealing a laptop and walkie talkie from an elementary school. police served a warrant at my house and seized the items. my co defendent and i were arrested and later released from county jail on Own Recognizance.

Lucky you! You could have had to make bail!

there is apparent eyewitness and video evidence placing us at the scene.

Well, that and the fact that they FOUND the evidence IN YOUR HOME!

Sounds pretty tight to me.

1) Do I need to hire a lawyer or is a P.D. suitable?

If you can afford to hire your own attorney, you will not qualify for a public defender. Since the case appears pretty rock solid, you might consider going with the fella that can make you the best plea deal and that might be the P.D.

But, consultations with other attorneys won't hurt.

2) Given my status in the community, what are chances of this felony being reduced to a misdemeanor and/or avoiding jail time?

No one can possibly say. The facts, the details, and the DA will have a lot of say in this.

3) Would a guilty plea be wise in order to avoid jail/felony charges?

That's up to you. Some might say, "yes", others might say, "no."


- Carl

 

[riversofbabylon]

Well, when they seized evidence in the home, it was found in the room of the co defendant. does finding the stolen evidence in his room make a difference in my case?

 

[CdwJava]

Well, when they seized evidence in the home, it was found in the room of the co defendant. does finding the stolen evidence in his room make a difference in my case?

It might ... but that depends entirely upon the details.

- Carl

 

[riversofbabylon]

thanks for the help, but one more ?

I have talked to a few lawyers and have been quoted at anywhere from 1500-3500 for my case. What does this money actually cover? I would assume if it went to trial my expenses would go up. I might be able to pay those quoted prices, but I've talked to others who say it could cost upwards of 20K. In that case a PD is the way to go for me.

 

[Duranie]

a public defender does not mean less adequate counsel. If you can afford 5-10k to hire a private attorney then do it but it does not mean you prevail any different with a PD. The fee they quoted you is just the retainer, there will be many hours in preparing you for trial and the cost will go up from there.

Going to trial is a risk if found guilty it usually results in a much stiffer senetence than a plea bargain.