Legal Question in Criminal Law in California

charged with burglary/identity theft/petty theft

my ex fiance filed charges against me.when we were together he co signed a student loan for me and we had a joint check account together.when we broke up he decided to say he didnt authorize co signing the loan and i did it fraudulently.now i checked the court records and i have been charged with burglary/id theft/and petty theft 2 felonies! im currently making payments on the loan by the way.In addition to this,he received an additional personal loan of his own for 10k and put it in our joint account,then he claimed i got the loan fraudently and took it out then he closed the account.i never touched it or knew about it.when we were together we were planning on buying a house and he spoke to me about his wants of getting a personal loan of his own for the downpayment so i think when we broke up,he didnt want to buy a house anymore and didnt want to claim that loan he got.anyway there is a declaration of support for an arrest warrant against me.could a lawyer sort this all out and get it canceled? is it possible to get these charges dropped/reduced?


Asked on 6/19/08, 4:19 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: charged with burglary/identity theft/petty theft

This is only, like the 6th or 8th time you have asked your question on LawGuru, if I'm not mistaken. (If I am mistaken, I apologize.) Anyway, what are you waiting for? Are you going to go to court without a lawyer? Are you going to go with the public defender and plead guilty? Are you in complete denial that there are serious charges pending against you, and you could go to prison? What is it going to take to get you to hang up from the Internet and call a lawyer and make an appointment?

Read more
Answered on 6/19/08, 4:31 pm
Terry A. Nelson Nelson & Lawless

Re: charged with burglary/identity theft/petty theft

Sort it out? Yes.

Get it canceled? No.

Defend you in the criminal court process using whatever facts and evidence you have? Yes.

IF you have admissible, credible evidence and witness testimony to show you are not guilty of the charges, then the charges could be dropped, or reduced in a plea bargain, or you might win an acquittal at trial. But, I don't have a drawer marked 'magic wand', and attorneys can't just make a phone call and get felony charges 'canceled'. The court system is designed to put people in jail, and it is the job of attorneys to try to prevent that.

Feel free to contact me when the dark reality sinks in and you get serious about hiring counsel to try to keep you out of jail.

Read more
Answered on 6/19/08, 5:10 pm
Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: charged with burglary/identity theft/petty theft

Excellent advise from my two colleagues who have responded thus far!

Imagine this; you "jay walking" as law enforcement drives by the crosswalk. You are stopped for purposes of a ticket to be issued. Officer runs your name....

[Can you finish this hypothetical...?]

Let me help, it's off to jail you go.

Then, when the court reviews whether you can be trusted to appear for your court hearings, the fact you were "picked-up" is considered an aggravating factor in the decision to release you on your own recognizance (or for only a minimal bail amount). The alternative, you are held until the case is completed.

So, take responsibility and make arrangements for the proper handling of this matter.

I am available if you are SERIOUSLY interested in protecting your rights and defending this matter. But if not me; CONTACT SOMEONE (an ATTORNEY)ASAP before you are unpleasently surprised!

It's only a matter of time.

Read more
Answered on 6/19/08, 6:25 pm
Robert Mccoy Law Office Of Robert McCoy

Re: charged with burglary/identity theft/petty theft

If your ex boyfriend is lying about his signature, he is the one who will eventually end up in jail. The way to prove it is his signature is through a handwriting expert. It would be unusual, however, for the DA to charge you with such a crime without first having their own handwriting expert confirm the signatures do not match you ex boyfriend's.

Read more
Answered on 6/19/08, 8:24 pm


Related Questions & Answers

More Criminal Law questions and answers in California