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  1. #1
    Join Date
    Feb 2017
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    1

    Default Can You Be Remanded to Jail After Your Arraignment

    just arrived by mail the letter that a criminal complaint has been filed charging me the violation section:
    V10851A..driving vehicle without owner's consent.
    I'm notified to Appear for Arraignment..
    Is there any possibility that i can go in Jail/prison after my arraignment?

    Thank you
    Matteo

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Violation V10851a

    Quote Quoting matzama
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    just arrived by mail the letter that a criminal complaint has been filed charging me the violation section:
    V10851A..driving vehicle without owner's consent.
    I'm notified to Appear for Arraignment..
    Is there any possibility that i can go in Jail/prison after my arraignment?

    Thank you
    Matteo
    Uh ... that's auto theft. It's a potential felony.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Violation V10851a

    Paragraph (a) is only a misdemeanor unless one under a later paragraph the vehicle is an emergency vehicle or disabled person's vehicle.
    Of course, they can certainly recharge it under 487 PC (grand theft auto) as things progress.

    The major difference between the two is that GTA requires showing the intent was to permanently deprive ownership. The "special theft" laws often are used to charge joy riders and other transient users.

    Either way, it's serious biz. Yes, you can go to jail. Yes, you need a lawyer.

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Violation V10851a

    Right after your arraignment? Not unless the state makes an amazing case why you shouldn't get bond. Now if you can't pay the bond....

  5. #5
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    Sep 2005
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    California
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    Default Re: Violation V10851a

    Quote Quoting flyingron
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    Paragraph (a) is only a misdemeanor unless one under a later paragraph the vehicle is an emergency vehicle or disabled person's vehicle.
    Of course, they can certainly recharge it under 487 PC (grand theft auto) as things progress.
    No, it is a wobbler. It can be charged as either a misdemeanor OR a felony.

    10851.
    (a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.


    PC 1170(h) prescribes felony sentencing options.

    So, what it states is that the offense is sentenced as a misdemeanor, OR a felony, and/or with a fine of no more than $5,000.

    VC 10851(a) is most often charged as a felony, though it may be pled DOWN to a misdemeanor. It is extremely rare that it is charged as a misdemeanor up front.

    The major difference between the two is that GTA requires showing the intent was to permanently deprive ownership. The "special theft" laws often are used to charge joy riders and other transient users.
    PC 487 also requires the theft be over $950 whereas VC 10851 does not have that dollar valuation. Either can be charged even if the intent is permanent or short.

    PC 487 is rarely used for auto theft, and more often charged when the theft occurred by fraud or deception rather than breaking into a car, hotwiring it, stealing the keys, etc. If the police did not think he stole the car, but reasonably should have known it was stolen he would be charged with possession of stolen property per PC 496.

    So, since he received a letter stating that he was being charged with VC 10851(a), unless the letter specifically states it has been filed as a misdemeanor, he should assume he is being charged for felony auto theft.

    Matteo, YES you can go to jail after the arraignment. It is likely that you can make bail. The bail on this may be less than $10,000 (depends on your county) which would mean that you could pony up $1,000 with a bail bondsman and collateral for the rest.

  6. #6
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Violation V10851a

    If you have failed to appear previously then yes, you could well be held without bond. Not likely otherwise unless you have no ties to your community and for some reason appear to pose a serious flight risk.

  7. #7
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Violation V10851a

    If this is your first offense more than likely it will be filed as a misdemeanor. If you voluntarily show up for your arraignment I would guess that you will be released without having to post bail. You almost certainly will NOT be taken to jail after your arraignment.

    If this were filed as a felony, I doubt they would notify you by letter; they would come and get you.

  8. #8
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Violation V10851a

    Quote Quoting jdbofky
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    If you have failed to appear previously then yes, you could well be held without bond. Not likely otherwise unless you have no ties to your community and for some reason appear to pose a serious flight risk.
    If charged as a felony, he is likely to be remanded unless he comes prepared to post bail. He should EXPECT it to be charged as a felony.

    Very peculiar that they decided to send a notice that he has been charged rather than simply issue a warrant and wait for him to get snatched up. Guess this is easier. But, even if it is a felony, if he appears as instructed, the court may well be inclined to waive bail and allow him to be released on his own recognizance. Some courts can be lenient that way.

    I would recommend he consult an attorney first thing Monday.

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