Caught Trying to Resell an iPod I Found

[thor194]

My question involves criminal law for the state of: California

I am 18 years old. About 5 months ago, I was eating at a restaurant and saw an iPod left on a counter and instead of doing the right thing and turning it in, I took it and tried to resell it using craigslist. The owner of the iPod pretended to want to buy it and had the police set me up. I lied about where I got the iPod and told them that I had bought it from another person from craigslist and had no idea where it came from. I had restored it on my home computer and at the time they had no proof that it was his so they let me go with it. The officer took my drivers license and put it into the computer before i left.

Later that night an officer came to my house and told me that they checked the serial number and that it was in fact the mans. The officer took it from me.

A few hours later, they called me and said that they talked to my mom and sister and had checked security tapes and they knew it was me who took it. I admitted to taking it and they said that I would recieve something in the mail if the man decided to press charges. I just received a NTA in the mail and am freaking out, I figured it was overwith. The only real info on the paper was that it was related to Penal Code 488. The date to appear is September 4 and I am leaving for college on August 24.

This is my first offense.

Is it possible to get the date moved? And what will happen to me when i do go to court?

Thanks.

[jk]

The date to appear is September 4 and I am leaving for college on August 24.

I suggest you postpone your departure for a couple weeks (and maybe quite a bit longer).

Use the time between now and your appearance to obtain the services of a lawyer.

[PTPD22]

PC 488 - petty theft carries a maximum penalty of 6 months in jail and $1,000 fine. If, as you say, this is the first time you have been charged with a crime, that is unlikely. More likely is an offer of a deferred prosecution to include restitution, probation, and maybe some things like classes and victim impact panel with associated costs.

You can contact the prosecutor's office (the sooner the better) and negotiate a plea deal - I would strongly suggest retaining a lawyer to help you with that. If you agree to plead guilty in exchange for the plea deal, you can likely negotiate arrangements that will allow you leave town for college - presuming you're chosen college is in CA. If you are planning on attending college out-of-state, that makes matters more complicated as any probation would have to be supervised by an out-of-state agency. Arrangements for that are far from guaranteed and, even if allowed, would take several months. Another thing for you to consider is the real possibility that your current legal problems will negate your admission to your chosen college! The college may not want to accept a recently convicted criminal or someone on probation...especially if you are receiving any scholarship or other forms of financial aid.

If you chose to not accept a plea deal and, instead, contest the charge, you should plan on postponing college for at least a semester. Your Sept. 4 appearance will only be an initial hearing and you can plan on several months before the case is concluded.

[thor194]

Thank you for the replies

I am looking into hiring a lawyer to represent me during the arraignment so I won't have to come back from college so soon and I will try to negotiate a plea deal before my court date.

If it helps, this is the letter i recieved.
"A complaint has been filed against you on behalf of the People of the State of California in (my city) which alleges vilation(s) of section(s): Penal Code 488.
Do not contact the District Attorney's office for additional information as none can be provided to you.
You are hereby directed to appear at 8:30am on September 4, 2012 in the (court near me) for arraignment on the above charges.
Failure to comply with this request will result in the issuance of a warrant for your arrest. You CANNOT change the date and time of your appearance. You MUST appear at the date and time given."

What should I ask for in my plea deal? My goals are to not spend any time in jail and lead a normal lifestyle while i'm away at college (no strict probation or anything). Fines and community service hours/classes are preferred.

[lawaholic]

I think you should focus on hiring a lawyer right now and let him/her arrange the plea deal. You can speak with him/her about what you'd like, but ultimately, it's up to the prosecutor. While you may not have to spend any time in jail since this is your first offense, I think it's highly unrealistic to hope for a "normal lifestyle" while you are away at college. How would this even be fair? Is this the type of sentence you would be satisfied with a thief receiving if he had stolen from you?

[jk]

What should I ask for in my plea deal? My goals are to not spend any time in jail and lead a normal lifestyle while i'm away at college (no strict probation or anything). Fines and community service hours/classes are preferred.

In your plea deal? What makes you think they will offer a plea bargain, or even be receptive to a plea bargain? This case isn't going to cost them a lot of time or money to prosecute so you have little to offer that would benefit the state.

After all, they do have this:

I admitted to taking it

Just what makes you think they have a need to plea bargain at all?