My question involves criminal law for the state of: California I am 17 years old and I was christmas shopping and I am my friends made the worst decision to shoplift at our Macy's in our mall. We went into the fitting rooms and put it all in a b...
Based upon what you have stated, I highly doubt anything will come of this. In order for there to be a "commercial burglary", they would have to be able to prove that you went into the store with the specific intent to steal. If you never made any statements to the Macy's employee, and didn't leave with any merchandise, they would have proof problems. It's a good thing you "freaked out" and abandoned the plan. Any type of theft crime would be considered a crime of moral turpitude that could haunt you when trying to get employment or pursue a specific type of career.See question
the new charge will for sure be a da reject I was now where near the drugs they found. I bailed out with no holds will I still be violated?
Depending on your relationship with your probation officer, you still might get violated. You need to review all of the terms and conditions you were indoctrinated to. For example, if you were with other people on probation or others who were using drugs, you could get violation if a term of your probation is "don't associate with other probationers" or "don't associate with drug users". OC probation officers can get very creative. Also, a PV is a different standard than a new criminal case. Hopefully you have a good relationship with your probation officer. Good luck!See question
My friend is a sex offender and was ill-advised to "plead the sheet" and was sentenced to 7 years in prison(which he did)5 years parole with an ankle bracelet And 2 strikes. He has completed 4 years and 2 months with an impeccable record (not 1 vi...
Based on the information you stated, he's looking at a parole violation (which will be no bail if his parole officer decides to violate him) and a misdemeanor DUI disposition (assuming this is his 1st DUI and nobody was injured). The first time DUI in Orange County does not generally carry any jail time. His biggest problem is going to be his parole violation.See question
I went to a store and bought a few things and stole one item (worth $400). they have my information but everything is incorrect except my cell #. the local police contacted me and said they have me on camera but I denied that it. they said they ar...
Based upon the information you provided, it sounds as if you gave them false information except for your cell number. If that is the case, you would be looking at an additional charge of providing false information, besides the theft count. If they now have your cell number, and it is registered to you with your address, they will find you. If anyone contacts you again, DO NOT talk to them about what happened. Since the case is being submitted to the DA's office, you should contact an experienced criminal defense attorney.See question
Stolen goods were seen in familywork place by police with no search warrent.reason for coming x girlfriend call police and said i had stolen goods.hours later they cought 2 men driving with stolen goods in a truck. Can i be arrested and charged fo...
To be convicted for violating Penal Code section 496 (receiving stolen property), you have to have known the items were stolen OR should have reasonably known based on the circumstances. If your ex-girlfriend told the police that she knew the items were stole because that it what you told her (and they were), then you could be arrested and charged. Depending on the value of the items, it may be charged as a misdemeanor OR a felony. The most important thing is DO NOT give any statement to the police who are investigating. If you do get charged, you would need an attorney to review and analyze whether or not there are legal reasons to attack the search the police did.See question
Do warrants only come after a prosecutor decides he wants to press charges?
An arrest warrant can show up after a new crime is allegedly committed (and not as a result of a probation violation), in a couple different ways. If its a misdemeanor, the person may have failed to appear at the initial court date that was provided when he or she was arrested or cited on the day the alleged crime occurred. Also, if the person did go to court, and charges weren't filed yet, the District Attorney's office should've sent an appearance letter with the actual new arraignment date. If the person never received the letter, and failed to show, a warrant could've been issued.
If the case involves felony conduct, a different situation may apply. For example, in a white collar crime investigation, the District Attorney's office takes many months to investigate after a police report is generated. Once the District Attorney's office decides to file charges, they can file the case and immediately request an arrest warrant, so the filing of the charges and the arrest warrant are simultaneous.
To check the status of warrants in Orange County, click on the link below concerning arrest warrants. If you do have a warrant out for your arrest, you really need to consult with an attorney as soon as possible.See question
My brother was charged with drug conspiracy, there is no evidence proving involvement. However, there have been untruthful statements written against him by other defendants so that their time can be reduced. A few of the people that wrote the sta...
In most federal drug conspiracy cases, there are usually wire taps involved, controlled buys and/or extensive operations by the feds to get all of the conspirators involved. If your brother was not involved in any type of conspiracy, his attorney would be able to formulate his defense accordingly. However, the feds don't usually charge someone with this type of charge unless there is corroborating evidence.See question
I want to know if I have to really go to court for this warrant or is there a statue of limitation to where I can't be charges for something I didn't do
Any time a person has an outstanding warrant, they continue to go through their daily life constantly watching their back, hoping they don't get arrested. Obviously you should take care of the warrant. If you did not commit the domestic violence that you are accused of, you could have a completely defensible case. Many times people claim domestic violence if they have some sort or motive for doing so (child custody battle, wanting to get citizenship faster, etc...). Although you haven't stated the facts surrounding the domestic violence allegations (which you should not do in a public forum such as this), if you truly believe you are "not guilty" you should consult an attorney to discuss in detail your possible defenses. In Orange County, if you have an attorney pull your case to have the warrant recalled, there is a possibility that you will be released on your own recognizance. Many of the attorneys on AVVO offer free consultations.See question
I received a ticket in San Juan Capistrano (Orange County, CA) for violation of BPC 25620. I had an open container of alcohol on a patio of a business. In reading BPC 25620, I don't see private property mentioned, only that it's illega...
Based upon what you have stated it sounds like you may have a defensible case. There are several of us Orange County criminal defense attorneys on Avvo that could help you. Most offer free consultations.See question
Pre Indictment Disposition. What exactly is that? Is it a good ting or a bad thing?
A pre-indictment disposition usually comes up when the Feds are investigating someone, contact that person or their lawyer for a proffer meeting, and work out some sort of a deal before an indictment is actually filed. It depends on the circumstances, but it is generally "a good thing". The United States Sentencing Guidelines can be very harsh and cooperating early on usually helps the defendant in terms of the actual sentence he/she will receive.See question