Other Criminal Charges & Offenses How likely is a judge to reduce a wobbler felony at px?

[SieVilhelm]

The case doesn't belong to anyone.

The case is being prosecuted by the US Attorney's office, if you were arrested and charged with stealing from an AAFES aka PX.

If the victim is an AAFES store, it operates on an army or air force installation.

AAFES units very rarely do anything other than seek the prosecution of those charged with any form of theft, be that military personnel, their dependents, civilian DOD employees, or contractors.

If you can't afford an attorney, you might wish to consider seeking a federal public defender.

AAFES rarely loses cases.

I've adjudicated several theft cases brought by AAFES.
The cases I've seen weren't losers, with one exception.
That data spans 35 years.

I think there must be some miscommunication. When i say PX i mean preliminary examination. This is a county prosecution. This is not a federal case. this is not a us attorney prosecuting it. there is no stealing from an AAFES.

We are talking about Alameda County now with Pamela Price as district attorney.

Perhaps I can clarify the confusion? I know you are EXTREMELY knowledgeable and I would love to learn from you.

I can afford an attorney. I have assisted counsel. I am pro se by choice.

 

[SieVilhelm]

If you are wanting the offense to be tried as a misdemeanor, then you need to be able to show that the evidence does not support trying it as a felony.
The more serious the threat is, in the more reasonable the victims's fear that the threat would be carried out, the less likely it will be handled as a misdemeanor.

Thanks for this answer. So how reasonable will a judge be in that situation, for example if the "victim" said that he felt no fear and he was asking the police should he have any reason to fear ? or should he "continue to do nothing" is that supportive of either a dismissal or a downgrade ?

 

[flyingron]

Hello, I hope this answers your questions... thanks for taking the time to reply.....

I do intend to make a 17b motion request at the hearing if the judge will not outright dismiss

You don't just make a motion to discuss without some legal principal. The 17B comes after probable cause and the rest is challenged at the prelim.

 

[Tax Counsel]

Welcome back Mighty Moose. It's been quite awhile since I've seen one of your posts.

 

[army judge]

I think there must be some miscommunication. When i say PX i mean preliminary examination. This is a county prosecution. This is not a federal case. this is not a us attorney prosecuting it. there is no stealing from an AAFES.

I see clearly now, said the blind, befuddled man.

Thanks for helping me regain my sight.

 

[mightymoose]

Thanks for this answer. So how reasonable will a judge be in that situation, for example if the "victim" said that he felt no fear and he was asking the police should he have any reason to fear ? or should he "continue to do nothing" is that supportive of either a dismissal or a downgrade ?

I don't know the details of your situation, but what you say here is exactly what I was talking about. The more you can show that the victim did not actually fear your threat, the less likely it should be handled as a felony.
Actual fear of an imminent threat is a critical element.

 

[mightymoose]

Welcome back Mighty Moose. It's been quite awhile since I've seen one of your posts.

Thanks. I saw something shiny and got distracted for awhile