Legal Question in Criminal Law in California

I'm trying to help someone who has been charged with the following charges: 1) Knowingly access comp rec, 2) Burglary - second degree, 3) Grand Theft, 4) Theft of access card, 5) Theft of access card, 6) Intent to defraud, 7) Theft from elder adult. The defendant is not denying that they owe the complainant money but they don't agree with the charges. I know that burglary and grand theft are normally felonies but the case is listed as a misdemeanor case. The defendant has borrowed money from complainant on other occasions and has always returned the money. The defendant never intended on waiting this long to start paying back the complainant but they moved around a lot and lost contact. The defendant obtained the credit card information of the complainant from the complainant over a phone conversation. The defendant did not obtain that information without the knowledge of the complainant. They didn't live together and the complainant traveled a lot so the telephone is the only way the defendant could have received that information. They made a verbal agreement in that conversation about the defendant making payments to the complainant. The complainant was aware that the defendant had lost everything, was homeless, and it was probably going take a while before all of their money was returned. Is it possible that they are referring to it as theft because the defendant has not been in contact with the complainant and a lot of time has passed since the agreement was made? Please give me any advice that you can. I really want to help the defendant get through this as quickly as possible.


Asked on 3/12/18, 12:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Unless you are an experienced criminal defense attorney, YOU can help him only by hiring one for him. He faces multiple serious felony charges that carry substantial prison time if he is convicted. Telling us the defendant's sympathetic version of the story is not helping him, only getting him an attorney will.

The charges and facts against him were first reviewed by law enforcement and then by prosecutors, who concluded they could likely convict him, otherwise they would not have filed the charges in court. Once charges are filed, whether he 'agrees' with them or not, the criminal court system rules and procedures take over. If he has valid defenses to the charges, his attorney will use them in defending him and trying to keep the prosecutors from proving their case at trial. If you are serious about hiring him experienced defense counsel, contact me to discuss.

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Answered on 3/15/18, 8:26 am


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