My husband got caught shoplifting the store got there belongings back and did not call the police but a police report was filed online after the incident what usually occurs after?
The above answers are good. I would only add that perhaps you are thinking that since the merchandise was returned and the police were not called that this is an indication that this incident would be treated less seriously. This is not necessarily the case. Typically retail stores employ Loss Prevention Officers who may make a report, often including an admission by the alleged shoplifter with a signed statement, and then forward this report to law enforcement. The Police or other agency then forward it to the Prosecutor, usually a District Attorney or a City Attorney. So in a case such as this, by the time you find out about it most of the discretion regarding what charges to file and how serious they should be has been lost. This is why my colleagues correctly recommend consulting with an attorney before charges are filed.See question
My stalker was released from prison on a 3 year stalking felony charge. He has already violated his probation 3 times, by continuing his stalking. He also has a GPS tracking device. He is currently in jail for 10 days, flash incarceration. What wo...
I cannot really offer you any advice as a criminal defense attorney other than to share your concerns with the local authorities because how to proceed will be up to them.See question
My husband is doing time in prison he got sentenced for four years recently he got moved to San Diego county jail for a court date its a new charge assault and battery serious bodily injury what can I expect?? he already has a Strike, can he get m...
This charge, battery causing serious bodily injury, is a wobbler meaning it could be charged as a misdemeanor, or as a felony carrying a sentencing range of 2-3-4 years, doubled if the strike prior is not disregarded. It would be consecutive and the DA is probably thinking felony because of his record, but I do not know the facts. I strongly recommend consulting with an attorney who has done prison cases because they have some special nuances. Good Luck.
stole some headphones and a gift card, and the guy i was with was a gangster and i didnt know
My suggestion is to find an attorney who has experience with these types of special allegations and has read several of the cases in this area. This is not a simple area and from the start, a commercial burglary with a gang enhancement appears difficult to prove. Good luck.
I need to write my hearing officer to request a later date. What reasoning can I use? I can't have my DMV hearing so far from my court date because if I get my license suspended then I can't get there. It's 3 hours away.
Are you represented by an attorney? If so, I find that my trial schedule is very often accepted as good cause for a continuance of an administrative hearing with the DMV. If not, perhaps you have some pre-scheduled event, like a surgery, or far away vacation, which might count in a similar way. My best suggestion is to find an attorney to represent you at the DMV hearing at least and see what he or she can do for you. good luck.
I'm unemployed and looking for work. I thought this would be ok since it's work/income. The cop saw me swerve when a drunk passenger bumped me. He cut me a break with the speeding ticket instead of giving me a probation violation. Is this stil...
It is difficult to say what will happen. On its face, the officer cited you for speeding and presumably issued a ticket without writing a narrative report. It is possible that you could have been cited for driving outside of your restricted license privilege which could have been a misdemeanor, and there is a version of that charge, VC14601.2 which carries a minimum of 10 days in jail. It seems as though this may not happen if all there is a speeding ticket. Best to keep your address current with DMV and carefully monitor your mailbox so as not to miss anything and get a bench warrant.See question
Is there some legal time frame for this? My friend has been arraigned, prelim, set for trial, switched to different court for 2nd arraignment, pretrial next but still no booking, in fact friend can not even get copies of court file from PD. No p...
I agree with what my colleagues are saying. There are certain types of cases where "Book and Release" is often part of a plea agreement so that for example a petty theft is priorable. When a defendant is booked, a photo is taken, fingerprints are taken which facilitates pulling a criminal history, and it counts as one day in jail even if the Defendant is immediately released. In some cases, booking never comes up at all.
There are rules regarding victim and witness contact information in police reports which have to be blacked out or "redacted" however a client is entitled to the contents of his or her file if redacted. Most Public Defenders have very high caseloads and are busy which often is the reason for the delay in getting the client a copy of the file.
My lil brother was arrested had court yesterday no charges, dism. By evening I checked stats. 3 charges 2RI0179401 10,000.00 .00 08/28/2013 0 KA10294401 1,000,000.00 .00 08/28/2013 0 NOGOMEDRM 0 .00 08/28/2013 0
As to the first part of your question, it is fairly common that the Prosecution does not file the charges in time for the arraignment, which I believe is what happened when you say "no charges." It does not necessarily mean they will not, but if you hear, "DA Reject" then they likely will not. I agree that the KA case with the one million dollar bail sounds like a very serious case, either a case with a large amount of loss in terms of dollars, or a violent crime. If LA County, I believe KA is Pomona. As far as finding an attorney, AVVO is a great place to start and most of us offer free consultations. good luck.
My son was sentenced to 1-year or 365 days in the county jail or 6 month in a residential treatment facility and an additional 6 months on probation. The probation was extended for another year past his original probation end date. However, due ...
It is difficult for me to answer this question because it is unclear exactly what happened. It sounds as though he opted for the 6 months in a treatment program, and then during the course of the 6 months of probation, it was extended for one year. If that is correct, it suggests that he had a violation of probation. The next statement about spending the one month in custody also suggests a probation violation. Is this a felony or a misdemeanor charge? If it is a probation violation then the common issue is whether to admit to the violation or request a probation violation hearing. Without knowing the basis of the alleged violation, for example, absconding from the treatment program, failing to test, testing "dirty" etc, it is difficult to know whether he faces more custody time.See question
Can I request a copy from my lawyer.
Yes you can, but you should know that sometimes your attorney must black out or "redact" certain information such as an alleged victim address, so receiving a copy can be more involved than simply running it through the copier.See question