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Being charged of PC 487 felony

Los Angeles, CA |

Job was to break/ test products. Products taken were cosmetically damaged, broken, ready for disposal. Was charged with the actual retail value which I think considered to have no value since they are ready for disposal. How is this possible?

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Attorney answers 6

Posted

The value of the property in determining the level of theft is the current market value. These items were probably not truly worthless (doubtful, as everything has *some* value - even in scrap or recycling), but their value would likely be less than market value.

Obviously, you need a good local criminal defense attorney to represent you on these charges. The value will be one aspect of the case... whether they were abandoned and therefore not anyone's property any longer may be another.

Don't post anything else online - consult with and hire an attorney.

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.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

As an aside - but don't answer here - if the items you were testing were tech related and they were newly developed or developing products, there may be some intellectual property value in prototype items. Just something to consider and keep in mind. I'm sure everyone that reads your question is going to have the same thought I did - "Where can I get a job testing and breaking products?"

Posted

Not sure if you have already been arrested and charged, or are they just investigating. They would have to prove some value of the items totaling more than $900 for PC 487. If they have no value, i wouldn't think the DA would file charges. Would need more facts about how many were taken and how they figured out it was you. If charges have already been filed in court, you should retain an experienced attorney to represent you.

Asker

Posted

been arrested and charged already... but the thing is, if the products are considered trash/ ready for disposal, then why they charged me with retail value of the products?

Posted

These days, the District Attorney's office is much more prone to file Felonies, then when I was a Deputy District Attorney. You really should call an experienced attorney and go over all the facts, and let an expert give you the advise you need. Many attorneys here on AVVO offer FREE telephonic consultations, so make a call......David Wallin

Posted

What do you mean your "job was to break/test products"? Who called police?

Sounds like you have some information missing from what you have provided.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Asker

Posted

job was to break/ test products then describe the outcome. the products which supposed to be considered trash were then stolen

Posted

Determining value is often an issue in such cases. A qualified attorney can assist with your case.

Asker

Posted

What do you mean by a "qualified attorney"? I have retained a criminal defense attorney but he didn't do anything to assess the actual value of the products.

Posted

Well for one, do you know for certain you are being charged with the 487 or were you merely booked for 487. Big difference. An evaluation of your case is fact dependent, you should sit down with a local attorney to go over the reports in your case in detail. Many of us on Avvo offer free consults. Call around.

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