Legal Question in Criminal Law in California

Grand Theft

What is the common sentence in a grand theft case with the following factors:

-Theft by bank employee from the bank of $82,000 in cashiers checks given to a third party to cash; third party also arrested

-First offense of any kind by bank employee, employee arrested and released on $20,000 bond

Is there any chance of recieving probation with an order by the court to pay full restitution? I am looking to hear most common sentences in similiar cases.


Asked on 10/28/02, 6:16 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Grand Theft

Thank you for your posting, and I am sorry to hear about your arrest and current situation.

Depending on exactly what the District Attorney charged you with, the statutes as charged, plus any enhancements, will have a minimum and a maximum. I really cannot promise you a particular sentence, although I can advise you of what the minimums and maximums are.

Depending on the amounts (which are very high in your case), and the sophistication of the scheme, or other factors, the judge or D.A. may also ask for closer to the maximum in your case.

There is another intangible factor here -- and that is the personality of the district attorney, as well as the judge approving any settlement of your case. How do they feel about the strength of their evidence, and how egregious this crime is? Can they get a supervisor to approve deviating from their standard offer in this case? Do they believe that they might be subjected to a tough defense attorney or team, and may have to spend time litigating the case, via motions and trial?

These are all questions that are a factor in getting a plea bargain agreement. There is really not a meaningful answer to what is the "most common" sentence in a particular court or via focusing on the defendant's background, and not the evidence first.

I apologize for being so vague, but I strongly recommend you get representation for such a serious matter. Take it as a biased opinion if you like, but I can't imagine not having representation for what is a serious felony.

If you would like to share further details, or want to provide more information or ask any other questions, please feel free to call or email me. My email is [email protected], and my number is 1-877-568-2977 (toll free). Best of luck to you, Robert Miller, Attorney at Law

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Answered on 10/28/02, 6:42 pm


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