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  1. #1
    Join Date
    Jun 2012
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    Thumbs down Grand Theft Charges for Bicycle Theft

    My question involves criminal law for the state of: california

    Hi im barely 18 and my friends are 17. My brother was with us making a total of 4. We stoled a 2000$ bicycle of an apartment. The police set us up after and we got arrested. I got sent to jail abd stayed for a day and the rest got a ticket and went home. Why? . We were charged with penal code 487a and 496a. We are first time offenders and have no criminal record. 2 of us are now starting college. My question is if the cops filed it as a felony can the DA or judge change it? Will we get a felony record or what punishments will we get?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    487a? Really?

    (a) Every person who shall feloniously steal, take, transportor carry the carcass of any bovine, caprine, equine, ovine, or suineanimal or of any mule, jack or jenny, which is the personal propertyof another, or who shall fraudulently appropriate such propertywhich has been entrusted to him, is guilty of grand theft. (b) Every person who shall feloniously steal, take, transport, orcarry any portion of the carcass of any bovine, caprine, equine,ovine, or suine animal or of any mule, jack, or jenny, which has beenkilled without the consent of the owner thereof, is guilty of grandtheft.


    Can't say I would equate a bicycle with an animal


    and 496a?

    (a) Every person who, being a dealer in or collector of junk,metals or secondhand materials, or the agent, employee, orrepresentative of such dealer or collector, buys or receives anywire, cable, copper, lead, solder, mercury, iron or brass which he orshe knows or reasonably should know is ordinarily used by orordinarily belongs to a railroad or other transportation, telephone,telegraph, gas, water or electric light company or county, city, cityand county or other political subdivision of this state engaged infurnishing public utility service without using due diligence toascertain that the person selling or delivering the same has a legalright to do so, is guilty of criminally receiving that property, andis punishable, by imprisonment in a county jail for not more than oneyear, or by imprisonment pursuant to subdivision (h) of Section1170, or by a fine of not more than two hundred fifty dollars ($250),or by both that fine and imprisonment. (b) Any person buying or receiving material pursuant tosubdivision (a) shall obtain evidence of his or her identity from theseller including, but not limited to, that person's full name,signature, address, driver's license number, vehicle license number,and the license number of the vehicle delivering the material. The record of the transaction shall include an appropriatedescription of the material purchased and such record shall bemaintained pursuant to Section 21607 of the Business and ProfessionsCode.
    are you a scrap metals dealer?

  3. #3
    Join Date
    Jun 2012
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    4

    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    Quote Quoting jk
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    487a? Really?





    Can't say I would equate a bicycle with an animal


    and 496a?

    are you a scrap metals dealer?
    can u be serious ? I really need advice instead of criticising

  4. #4
    Join Date
    Sep 2005
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    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    Perhaps you could take the time to accurately identify the charges against you. (When you start college, you will likely be instructed at one point or another that the word "you" has three letters. )

  5. #5
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    Jan 2006
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    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    Quote Quoting mrgrimm18
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    can u be serious ? I really need advice instead of criticising
    I am serious. I posted the laws you claimed you were cited with.



    487a


    496a


    So now, do you want to post the code section you have actually been charged with?

    (those are links to the code section noted)

  6. #6
    Join Date
    Jun 2012
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    4

    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    Quote Quoting Mr. Knowitall
    View Post
    Perhaps you could take the time to accurately identify the charges against you. (When you start college, you will likely be instructed at one point or another that the word "you" has three letters. )
    Haha yea i know its spelled with 3 words XD

    - - - Updated - - -

    It says grand theft 2000$ and for the second one it says possesion of stolen property 2000$

  7. #7
    Join Date
    Sep 2010
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    19,901

    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    JK. He's misquoting his charges. I suspect rather than 497a he is charged with 497 (a) and rather than 496a, he is charged with 496(a)

    487 PC:
    Grand theft is theft committed in any of the following cases:
    (a) When the money, labor, or real or personal property taken is
    of a value exceeding nine hundred fifty dollars ($950), except as
    provided in subdivision (b).


    496 PC:

    (a) Every person who buys or receives any property that has
    been stolen or that has been obtained in any manner constituting
    theft or extortion, knowing the property to be so stolen or obtained,
    or who conceals, sells, withholds, or aids in concealing, selling,
    or withholding any property from the owner, knowing the property to
    be so stolen or obtained, shall be punished by imprisonment in a
    county jail for not more than one year, or imprisonment pursuant to
    subdivision (h) of Section 1170. However, if the district attorney or
    the grand jury determines that this action would be in the interests
    of justice, the district attorney or the grand jury, as the case may
    be, may, if the value of the property does not exceed nine hundred
    fifty dollars ($950), specify in the accusatory pleading that the
    offense shall be a misdemeanor, punishable only by imprisonment in a
    county jail not exceeding one year.
    A principal in the actual theft of the property may be convicted
    pursuant to this section. However, no person may be convicted both
    pursuant to this section and of the theft of the same property.

  8. #8
    Join Date
    Mar 2009
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    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    I can answer this one for you: You most likely spend the night in jail and face the more serious charges due to your age, since you are 18 and your friends are 17. Without checking the law, I bet California considers the 17 year olds to be minors.

    You are definitely going to want a Criminal Defense Attorney, or atleast a consultation with one.

    What you are facing is serious. Enough that before you start college, you should talk to your advisor to see how the charge will affect your career choice and any financial aid or scholarships.....

  9. #9
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    Jan 2006
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    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    Quote Quoting flyingron
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    JK. He's misquoting his charges. I suspect rather than 497a he is charged with 497 (a) and rather than 496a, he is charged with 496(a)

    No doubt he is misquoting the charges. Maybe instead of being a jerk he might have attempted to make the correction.



    anyway, based on 496, if the value is over $950 it's a felony. It it is under $950, the DA can spin it either way. It also states you cannot be convicted of both 487 and 496. Either you stole the property or you received stolen property. You can't do both. I suspect under 487 it is a felony. Didn't bother to chase it though.




    OP posted:

    It says grand theft 2000$ and for the second one it says possesion of stolen property 2000$
    I guess along with not being able to spell, reading is also difficult. It clearly states the threshold is $950, not $2000.

  10. #10
    Join Date
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    Default Re: Commited Grand Theft Bicycle with Friends Worth 2000$

    $2000 = good luck finding a job, apartment, etc.

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