Legal Question in Criminal Law in California

My sister was falsly arested yesterday at her job and accused of stealing and using a 35.00 gift card from a dept. store. she can prove that she aquired a gift card not of 35.00 in value from returning merchandise and another location of the store. When she used the gift card in the store she works in they accused her of stealing it. They didn't even want to hear her explanation. Another problem is that 5 years ago she was convicted of embezzlement. The charges were dropped and she finished her probation sucessfully. Up until yesterday her record was clean. My questions are: is is possible that the charges could be lowered to petty theft because of the dollar amount and my second question is will her prior be held against her even though the charges were dropped. We have no money to pay for any advise at this time, we used it all to bail her out last night, however really need some preliminary advise prior to her seeing her attorney.


Asked on 7/17/10, 8:45 pm

3 Answers from Attorneys
Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Hello, 1st she needs to ask for a PDefender. 2nd what the story does not match - the type of card that is bovght has an activation strip and marked "Gift Card" the strip has to be scratched off to actvate it by the cashier prior to it beible able to work - a card that is given for retvrns has no strip - it is issved by the store with the amt keyed in at the store and will clearly says merchandise or store credit on front - so Ido notknow what the real story is here or it the way it is writen.All of this is too easy to trace - when yov retvrn something they make person sign and show ID - SOOOOOOO.... I might be having a few ???s here. on her story. I does not match - period.

As to canthey lower charges- yes anything can be lowered to any lesser offense if that is w hat it agreed on or offered. IT CAN ALSO BE INCREASED

I find all of this too hard to swallow - perhaps it might be for y also now. ight be enabling a sick erson here at y expense.

Regards

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Answered on 7/18/10, 12:53 pm
Anthony Roach Law Office of Anthony A. Roach

If the charges were dropped for the previous charges, she would not have had to do probation. Therefore, she must have been convicted. Based on the information you have provided, it sounds like she is facing what is known as a "petty with a prior." I suggest she get an attorney. If she cannot afford one, she should ask for appointment of the public defender.

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Answered on 7/18/10, 6:14 pm
Terry A. Nelson Nelson & Lawless

Whatever the criminal charges she faces, she also faces enhancement because of the 'prior'. She is not presenting all the story accurately, and will need deal with a prosecutor who will know the truth of her record and of the charges against her. She needs to hire an attorney unless she knows how to effectively represent herself. If she is serious about doing so, feel free to contact me. Otherwise, apply for the Public Defender.

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Answered on 7/19/10, 10:35 am


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