Legal Question in Criminal Law in California

Re: Real Estate Mortage Crime

There is a posted bail schedule for every county. For any given offense, there is a presumptive bail set. In situations where there are allegations of excessive amounts of theft, the bail is often set at the amount of the alleged loss.

I would have to know the specifics of the charging sections and whether or not there were sentencing enhancements for "excessive taking" to tell you the maximum possible sentence, but as to what the defendant is likely to actually get depends on many factors. The facts of the crime alleged, any prior record, the judge, the DA and in this situation, if restitution could be paid back immediately or within a short period of time.

Every case is unique - I've had cases that involved allegations of nearly a million dollars worth of theft that I've negotiated down to a no jail time deal. It just depends on the facts of the case.

One last point about bail: If it's lowered, the prosecutor may put what's known as a 1275.1 hold on the bail - the court would have to be satisfied that any bail being posted didn't come from ill-gotten gains. These type holds are often lodged in large theft and major narcotics cases.

Good luck. Let me know if I can help further.

Re: Real Estate Mortage Crime

Your 'getting info' is doing no one any great good. Anything you 'get' is mere speculation without any actual facts of the case to base it on. His attorney can analyze all the prosecution evidence and defenses claimed, and provide him an informed opinion. You can tell by the bail amount that the prosecutor and court are 'taking it seriously'. High bail is set on cases with high penalties. Each count against him could get substantial prison/jail time. If he is serious about hiring private counsel to defend him, feel free to contact me.

Re: Real Estate Mortage Crime

Your 'getting info' is doing no one any great good. Anything you 'get' is mere speculation without any actual facts of the case to base it on. His attorney can analyze all the prosecution evidence and defenses claimed, and provide him an informed opinion. You can tell by the bail amount that the prosecutor and court are 'taking it seriously'. High bail is set on cases with high penalties. Each count against him could get substantial prison/jail time if convicted. However, a good attorney can frequently obtain a far better outcome than simply pleading guilty to the charges. Dismissal of some charges, reductions of charges, etc. That is what you hire one for. If he is serious about hiring private counsel to defend him, feel free to contact me.

Re: Real Estate Mortage Crime

Explore hiring a very good private lawyer, if you can.

Unfortunately, in these situations, bail is set based upon the alleged amount of the alleged theft. This might sound convoluted but that is what it is. This situation gives the prosecution a lot of power in squeezing the defendant by making it impossible for him/her to bail out. A good dedicated and creative lawyer might be able to think of a way out of this dilemma.

This is a serious case where the prosecution will be asking for state prison for sure.