I am trying to clarify exactly which charges I was convicted of. I no longer have my paperwork or my attorney name/contact info. We plead to 180 days house arrest, 3 years probation and I paid $60,000 retribution. The case shows closed and guilty of 487(a) grand theft over $950 and admission to 12022.6(a)(2), but then 12022.6(a)(2) also shows as dismissed. Does this mean my felony conviction was only on 487(a)? or both?
online CASE SUMMARY:
Case Category:Criminal/Traffic, Case Level/Type:Felony,
Filing Date:10/06/2005, Case Status:Closed, Disposition Date:03/15/2006, File Location:Imaged and Destroyed. CASE DETAIL--
Charge:487(a) PC, Charge Date:10/18/2004, Charge Dispo Date:03/16/2006, Charge Dispo Type: Pled Guilty
Charge:12022.6(a)(2) PC, Charge Date:10/18/2004, Charge Dispo Date:03/16/2006, Charge Dispo Type: Dismissed
Charge:496(a) PC, Charge Date:06/24/2005, Charge Dispo Date:03/16/2006, Charge Dispo Type:Dismissed
Charge:182(a)(1), Charge Date:10/18/2004, Charge Dispo Date:03/16/2006, Charge Dispo Type:Dismissed
Charge:12022.6(a)(2) PC, Charge Date:10/18/2004, Charge Dispo Date:03/16/2006, Charge Dispo Type:Admission
Based solely on what you wrote, it appears as though you played guilty to the grand theft, admitted the enhancement for excessive taking and were convicted.
The court records still exist. you can (and should) confirm all this with the court.
Orange County Defense Attorney - 20+ years experience.
Go to the court clerk. Pull the file. Make a copy of he judgment and sentencing document which should show exactly what you were convicted of and sentenced to. Take that with you as you shop around for a criminal defense attorney to help you petition the court to reduce the felony to a misdemeanor and then dismiss pursuant to Penal Code Section 1203.4
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
Your conclusion may be based on the enhancement (12022.6), this is not an independent charge, but is used to potentially increase the punishment on the substantive charge of the grand theft (487). Since it appears to be over 10 years ago, the file may not even physically exist, but if you didn't violate probation and go to prison, you should be able to get a reduction to a misdemeanor and a dismissal per 1203.4. Call a local attorney, we can help.
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