Legal Question in Criminal Law in California

consequences of first degree burglary/victim of burglary

to make long stories short.

someone broke into my house stole $20,000 worth of jewelry and $400 cash

caught that person and is being charged with first degree burglary.

first arraignment was vacated,complaint filed and new arraignment is in effect.

police report shows that she confessed under miranda taking the items and selling it at an indoor swap meet for $800 cash.

she has a past criminal record. of 2 misdemeanors within 2 months in 2004 both probation was sentenced.

they jewelry was returned but all in pieces. police has taken pictures of the items recovered. now please help and what would happen to what is the possible sentence she can get. the DA is taking over the case. it is her first felony.


Asked on 5/27/08, 1:44 pm

1 Answer from Attorneys

Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: consequences of first degree burglary/victim of burglary

I'm not clear on what it is that you want an attorney to help you with. The short answer to your question is that the DA can and apparently has charged the other person with a felony and that there is now pending a re-arraginment after preliminary hearing. The time to take the case to trial has begun to run. I am sure the DA is aware of what they need to do and that they are prepared to go forward. The time spent in prison depends upon whethere there is a guilty plea voluntarily entered, whether they need to go to trial for a conviction, and her prior record. It sounds as if there will be some prison time regardless.

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Answered on 5/27/08, 2:27 pm


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