So my buddy got accused of stealing around 2 grand from his former employer. He quit and left to a new company and eventually arrested him. He posted bail and has an araignment coming up next month. He has a squeaky clean record and this is his first offense ever. From what i know the police came tp questiom him prior to his arrest and he asked for a lawyer and they left giving them no evidence or statement. My friend wants to know what his odds are of getting a deal possibly dropped to a misdemeanor. Also he cannot afford a lawyer at this time and will go public defender.... good idea or not?
Jail is definitely on the table. With Prop 47, many thefts that used to be felonies are now only misdemeanors. Suddenly, felony theft of this level looks worse.
Full restitution up front and a good attorney that can advocate for their position are mandatory in this situation.
You should always have an attorney. If you truly cannot afford one (and you'll never know if you can or not unless you meet to discuss your case, fees and payment options), you can request that a public defender be appointed.
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.
How much did your friend pay to bail out? Seems like that money could have been used to hire a good attorney instead.
We know nothing about what evidence is available or his case other then what you provided - which isn't much. He may or may not be able to get it reduced to a misdemeanor.
Have him get a public defender, at least. But he should be aware that he has no choice with which public defense he gets and he may not get as much time to discuss his case with them as he thinks he needs.
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The public defender will represent him well. He should be prepared to pay full restitution. Jail is possible, but less so upon full payment of restitution.
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Your friend does not want this charge to stay on his record. This is a very serious charge with lifetime implications. He needs to do everything possible to get this reduced or dismissed. A good first place to start is hiring an experienced attorney along with paying back the 2 thousand dollars. Act now!
First of all, there is no way to "predict" what the outcome will be. It will depend on what the DA requests, what the probation department recommends, and what the court decides to do. As to the difference between private criminal defense attorneys and public defenders--public defenders are generally good criminal defense attorneys with too many cases to concentrate on your matter the way you would want them to. Private attorneys, however, do not have an onerous caseload, and can spend more time working on your case.
This is setious and jail time will probably be part of the offer. Your friend needs to talk with an attorney immediately. I agree that paying restitution to the employer would help a lot. However theft and fraud crimes are crimes of moral turpitude and they make it very difficult to get a job in the future.. The police report and the evidence against your friend must be carefully analyzed in order to determine the way to defend this case. Your friend will need an attorney. I believe most public defenders are very good attorneys, the only question is if they can spend enough time on the case. Good luck
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Prison is the worst possible scenario and a likely outcome. I had cases with significant larger amounts of loss that were dismissed. So anything is possible, but he needs to be proactive. He can't wait for the court to appoint a public defender. If he's looking for no jail time or for a dismissal he's wasting valuable time because he should have been proactive as soon as he found out that there's a possible conflict. Can he afford a free consultation? He could benefit from meeting with an attorney to discuss further. Even if he decided not to hire the attorney the consultation with the attorney could help him to understand the issues and his options. Many attorneys offer a free consultation. I wish you both the best and Happy Holidays.
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.
It depends Fontana. Your buddy needs to hire a fighter in the Fontana/San Bernardino area. He shouldn't settle for a lame duck. Why not help him find an attorney here on Avvo? Read the client reviews and endorsements.
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