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  1. #1
    Join Date
    Jan 2009
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    2

    Default Charged with 2nd Degree Burglary

    My question involves criminal law for the state of: California

    I was caught in macys stealing 325 dollars worth of clothing. I was caught with wire cutters when this happened. Loss prevention stopped me and took me to a room where i was interrogated and questioned. i told them it was not in my intent to do it and that it just happened. they made me sign paper work and i did. The cops later came and asked me why i had done this and if it was intended to do such a thing. I told them no...they also asked me where i worked and i lied to them and told that i was not working but in reality i do have a job. I was in jail for about 3 hours until my parents came and got me out. Now i have a court date next month. I've never been in this situation and i'm not sure what i'll be facing. I was charged with 2nd degree burglary, first time offense, not grand theft since it was under 400 dollars. At this point i'm not sure if i should hire an attorney or just wait to see if a public defense can help me with this situation. What could i be facing? should i plead guilty or not guilty? What plead bargaining should my lawyer be working on? can i ask him to negotiate diversion to lessen the penalties i might be facing? Also should i wait for my first court date to ask for a public defense? i have a lawyer ready to help me out if all fails. what should i do?

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

    Default Re: Charged with 2nd Degree Burglary

    Quote Quoting aber54
    View Post
    I was caught in macys stealing 325 dollars worth of clothing. I was caught with wire cutters when this happened. Loss prevention stopped me and took me to a room where i was interrogated and questioned. i told them it was not in my intent to do it and that it just happened.
    And you "just happened" to bring the tools to commit the crime (the wire cutters) in to the store with you?

    I doubt they or the police were THAT gullible.

    I was charged with 2nd degree burglary, first time offense, not grand theft since it was under 400 dollars. At this point i'm not sure if i should hire an attorney or just wait to see if a public defense can help me with this situation.
    If you have sufficient assets or income, you will not be eligible for a public defender.

    What could i be facing?
    You COULD go to prison for a few years ... you will likely face a short jail term and probation if they do not offer you a plea to petty theft.

    Also should i wait for my first court date to ask for a public defense?
    If you qualify for a public defender, that can be arranged at your arraignment (that's the hearing where they ask if you have legal counsel and what your plea is).


    - Carl

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