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  1. #1
    Join Date
    Nov 2008
    Posts
    4

    Default Burglary 2nd Degree Felony Charge

    My question involves criminal law for the state of: CA

    I was caught switching price tag and purchasing it with a lower price (the price difference is $120) at Macys on a Friday afternoon. I got arrested by loss prevention staff and later the police. I was sent to the county jail, and released on OR (Own Recognizance) Sunday afternoon. I was charged with 2nd degree burglary (felony Penal code 459) and Misdemeanor (Penal code 496) possession of known stolen property.

    I have a few questions:
    1. I entered the store at regular mall hours, why wasn't I charged with theft but burglary (no 'breaking' element, I assume)? They did find some old price tags of earlier purchases (legal purchases) on me (used to switch for higher price tag merchandise). Does it justify the "intent" of burglary?

    2. This is my first-time offense, what's the chance of reducing the felony charge to misdemeanor, or later expungement or dismissal?

    3. I am on H1-b working visa here, how is it gonna affect my immigration status and pending green card application (I485 submitted)

    4. I am hiring an attorney right now, should I hire someone with background on both theft/burglary and immigration?

    many thanks,

  2. #2
    panther10758 Guest

    Default Re: Burglary 2nd Degree Fenoly Charge

    1. I entered the store at regular mall hours, why wasn't I charged with theft but burglary (no 'breaking' element, I assume)? They did find some old price tags of earlier purchases (legal purchases) on me (used to switch for higher price tag merchandise). Does it justify the "intent" of burglary?
    There are many levels and desriptions of buglary

    2. This is my first-time offense, what's the chance of reducing the felony charge to misdemeanor, or later expungement or dismissal?
    Ask your Attorney

    3. I am on H1-b working visa here, how is it gonna affect my immigration status and pending green card application (I485 submitted)
    Very negatively

    4. I am hiring an attorney right now, should I hire someone with background on both theft/burglary and immigration?
    Duh! yes!!!

  3. #3
    Join Date
    Nov 2008
    Posts
    4

    Default Re: Burglary 2nd Degree Fenoly Charge

    Thanks for the response.

    I am quite worried the prosecutor will use the old price tags as evidence of "specific intent" element for burglary. Then chance will be slim to reduce to misdemeanor.


    Quote Quoting panther10758
    View Post
    1. I entered the store at regular mall hours, why wasn't I charged with theft but burglary (no 'breaking' element, I assume)? They did find some old price tags of earlier purchases (legal purchases) on me (used to switch for higher price tag merchandise). Does it justify the "intent" of burglary?
    There are many levels and desriptions of buglary

    [/B]

  4. #4
    Join Date
    Nov 2008
    Posts
    7

    Default Re: Burglary 2nd Degree Fenoly Charge

    they will definitely use the fact that "you came in with old price tags intending to steal" against you. say you found those old tags in your pockets and you didnt realize you had them on you or something. do not admit to having intent, its much worse.

  5. #5
    panther10758 Guest

    Default Re: Burglary 2nd Degree Felony Charge

    Right and that is going to wash

  6. #6
    Join Date
    Nov 2008
    Posts
    4

    Default Re: Burglary 2nd Degree Fenoly Charge

    I did return another item, previously legally purchased, in the store, besides purchasing one jacket by switching to an old lower price tag. Does it 'downplay' my 'specific intent' on the burglary charge?

    Quote Quoting bizzle57
    View Post
    they will definitely use the fact that "you came in with old price tags intending to steal" against you. say you found those old tags in your pockets and you didnt realize you had them on you or something. do not admit to having intent, its much worse.

  7. #7
    Join Date
    Nov 2008
    Posts
    4

    Default Re: Burglary 2nd Degree Felony Charge

    And I forgot to mention the court date was arranged fairly close: arrested on Friday afternoon, released with OR (no bail) on Sunday afternoon, and court date was set to only a week later (including holidays in between). I know the first court appearance should be arraignment, but a close court date (unusual according to the attorney), is it a good or bad thing?

  8. #8
    Join Date
    Oct 2009
    Posts
    3

    Default Re: Burglary 2nd Degree Felony Charge

    Hi, I have recently found myself in a similar situation. Has yours been resolved yet? If so, what happened? I'm really scared...

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