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The consequences of commercial burglary charges in California

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  • 12-20-2006, 05:59 PM
    one_tired_woman
    The consequences of commercial burglary charges in California
    This is very hard for me and I would really appreciate some advice. My 23-yr-old daughter was booked and charged with Commercial Burglary from a department store in California. We bailed her out on $4,000 bail and have hired an attorney. This is her first offense and she is a fulltime student. What is the most likely consequence that may happen with her on the court date?

    Will she be arrested and do time for this first offense?

    Will there be private prosecutors there from the department store?

    She did get fingerprinted, but did not make any statements nor sign any police reports. They have her on video camera taking merchandise worth $800 and they have possession of the stolen items.

    What should we expect at court in California? I want to help her with this because she is a single mother of 2 small kids and not married.
  • 12-20-2006, 10:37 PM
    PaulE
    Re: The consequences of commercial burglary charges in California
    If she was jailed and bonded out, she was already arrested and booked for the charge. The store will let the prosecutor take care of this, they don't usually bring in a team to court. I'd guess your lawyer can get this reduced down to a misdemeanor, community service and fines....it shouldn't be too bad for a first timer.
  • 12-21-2006, 02:42 PM
    one_tired_woman
    Re: The consequences of commercial burglary charges in California
    PaulE, Thank you for your advice. I see you have responded to many many posts. I really hope this does not go on her record since she is applying to nursing schools to attain an RN license. I am really beside myself.
  • 12-21-2006, 02:47 PM
    one_tired_woman
    Re: The consequences of commercial burglary charges in California
    I guess I should rephrase my question about her court day. Is it possible that she can be charged with Commercial Burglary on the day of court, then arrested that same day to do jail time? I am trying to gain as much advice as possible in order to arrange what to do with her children. Thank you, please help!
  • 12-21-2006, 03:07 PM
    seniorjudge
    Re: The consequences of commercial burglary charges in California
    Q: Is it possible that she can be charged with Commercial Burglary on the day of court, then arrested that same day to do jail time?

    A: Yes and yes and no, she will have to have a trial before she goes to jail.
  • 12-21-2006, 10:08 PM
    PaulE
    Re: The consequences of commercial burglary charges in California
    If she was booked for Commercial Burglary they won't charge her again in court, the first court date will be her arraignment. She could get jail time only if found/pleads guilty, your lawyer will probably get it reduced down. You might ask him about diversion programs or other alternate conditions.
  • 12-26-2006, 08:15 PM
    one_tired_woman
    Re: The consequences of commercial burglary charges in California
    Quote:

    Quoting PaulE
    View Post
    If she was booked for Commercial Burglary they won't charge her again in court, the first court date will be her arraignment. She could get jail time only if found/pleads guilty, your lawyer will probably get it reduced down. You might ask him about diversion programs or other alternate conditions.

    CAN ANYONE PLEASE TELL ME WHY MY DAUGHTER WAS NOT ASKED TO SIGN A POLICE REPORT DURING HER ARREST? WHY WOULD YOU NOT SIGN ONE? HER COURT DATE IS COMING SOON. THANKS
  • 12-26-2006, 08:25 PM
    aaron
    Re: The consequences of commercial burglary charges in California
    Why would she be asked to sign a police report?
  • 12-27-2006, 08:57 PM
    PaulE
    Re: The consequences of commercial burglary charges in California
    The police report has nothing to do with your daughter other than to tell what happened, it's for the LP, police and court. You can get a copy from the police before going to court but it's not necessary for the person arrested to sign it. I'd be more concerned with her signing a confession than anything else.
  • 12-28-2006, 02:38 AM
    one_tired_woman
    Re: The consequences of commercial burglary charges in California
    Quote:

    Quoting PaulE
    View Post
    The police report has nothing to do with your daughter other than to tell what happened, it's for the LP, police and court. You can get a copy from the police before going to court but it's not necessary for the person arrested to sign it. I'd be more concerned with her signing a confession than anything else.

    She did not sign a confession or anything for that matter. So with the scenario given, and with this being her first offense, is it quite likely that she will be given community service & fines, not jail time? (she spent a day in jail before being bailed) This is grand theft and a charge of commercial burglary. We have been having sleepless nights and the anticipation of going to court is absolutely terrifying us. I really appreciate the help
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