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I have court on Friday for a commercial burglary offense. It was from the place I was previously working at.

Dana Point, CA |

Long story short, I was using my own purchased receipt codes and fraudulently returning items onto my card that I wasn't physically returning. I had no intent to do so and came to an agreement with the company on a way to pay them back and the amount and of course that I would be fired. they came to find the amount to be upper of $1,000 with one return that was not at my fault (long story and they know it.) They told me I wouldn't be arrested nor call the cops, but both happened. I just want to know what to expect. I had no intent and they lied to me, so I'm not sure whether that helps me at all. I am meeting with a lawyer tomorrow, but cannot afford one. I spent one night in jail and got bailed out as I had a bail of only $20,000. What should I expect as far as court and my charges?

Attorney Answers 3

Posted

Possible Embezzlement charges and the Burglary Charge. Burglary is hard to prove because they need to show that you had intent prior to entering. You are also probably being charged with a felony, at minimum you want to reduce to charge to a misdemeanor.

I would suggest you speak to an attorney prior to going into court.

Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

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Posted

Their promise to you (which was either a lie from the beginning or they reconsidered) of not getting arrested apparently didn't happen. From here, the police will submit their investigation reports to the District Attorney for review. The DA makes the decision on whether or not to file criminal charges.

The question will be whether the DA thinks they can prove some type of theft, embezzlement, access card fraud or other charges against you. That will depend on all the evidence, including any statements you may have made to anyone (your former employer or the police).

Most of the charges I listed are "wobblers" - they can be either felonies or misdemeanors. Whether they file felonies or misdemeanors depends on all the facts, the total dollar amount of loss, your prior record (if any) and what they see as the degree of sophistication to the offense(s).

If felonies are filed, you must appear in court. If you cannot afford an attorney (and you'll never know if you can or not until meeting to discuss the case, fees and any payment arrangements), you can request a public defender be appointed to represent you. If your case is filed as misdemeanors, an attorney you hire can appear in court for you without you having to attend. Otherwise, you'll have to show up and request a public defender at your first court date.

The outcome depends on all the facts and what your attorney can work out on your behalf... or whether they can even convict you based on the evidence they have.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

There appears to be many alternatives to this issue. First and foremost is the dollar amount. If the amount remains +$1,000 then this case is a felony and not a misdemeanor. If it was a misdemeanor then there is the possibility of a civil compromise which would likely lead to a dismissal. If you are in Harbor Court then there is a possibility of diversion leading to a dismissal. BTW -- if you can afford bail, then it is likely you can afford an attorney so my suggestion is that since many attorney's offer a free consultation then you should contact many of them to determine which one best suits your needs. Moreover, don't wait until Wednesday because there still may be time to negotiate an end to this nightmare before Friday. Good luck.

www.YourCriminalDefenseLawyer.com
for Fairness / for Your Freedom because sometimes good people get into bad situations
(800) 409-7010

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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