booking process?

[bakside]

California.
I am in the process of being charged by the Fremont, Ca. DA with Misdemeanor Grand Theft. This stems from workplace incidents from 1 year ago. I have been nothing but cooperative with the detective in charge of my case, and have no past criminal record.
About 3 weeks ago, the detective turned the case over to the DA and told me to wait to hear from the DA on what to do next. About 1 month later, I get a notice for a Warrant for my Arrest, with bail set at $5,000. I called the detective, and he told me that it was standard, that I needed to come in and be "booked" (fingerprinted and picture) and then I would be immediately released, no bail needed.
1) Is this normal, does it sound correct, or am I being tricked?
2) How long does a misdemeanor conviction stay with me?
3) Is there a time limit from the date of crimes to conviction?
4) I am close friends with a judge and an assistant DA from a nearby county, would it do any good to ask them to put in a good word for me.
5) Will I get a chance to speak with the DA before he moves forward with anything?

Thanks for your time and help!!

 

[CdwJava]

I am in the process of being charged by the Fremont, Ca. DA with Misdemeanor Grand Theft.

Grand Theft is a felony under CA Penal Code section 487. It might have been dropped to an offense punishable as a misdemeanor per PC 17, but in my experience this is rare PRIOR to any court action.

This stems from workplace incidents from 1 year ago. I have been nothing but cooperative with the detective in charge of my case, and have no past criminal record.

This may have resulted in a filing of a misd. charge for PC 487 as opposed to a felony.

About 1 month later, I get a notice for a Warrant for my Arrest, with bail set at $5,000. I called the detective, and he told me that it was standard, that I needed to come in and be "booked" (fingerprinted and picture) and then I would be immediately released, no bail needed.

They sent you a notice! Wow! They have become kinder and gentler int he Bay Area.

1) Is this normal, does it sound correct, or am I being tricked?

It's not normal where I have worked, but it has been done. They have no need to trick you. They know where you live. If they wanted to hook you up they could come and get you.

2) How long does a misdemeanor conviction stay with me?

Forever. You can seek a pardon or an expungement some time down the road, but it will remain with you forever.

3) Is there a time limit from the date of crimes to conviction?

How do you mean? Unless you want to push to get sentenced quick, they will usually take their time and you will agree to waive time. But, if you want to take the bulletin train to sentencing, they might be able to accomodate you.

4) I am close friends with a judge and an assistant DA from a nearby county, would it do any good to ask them to put in a good word for me.

After you have pled guilty, perhaps. But unless you KNOW what they are going to say about you, you may want to keep them out of it.

Character references come in when the Probation Department is creating a report as to your suitability for probation and their recommendation for sentencing. References might also be useful at the sentencing hearing.

5) Will I get a chance to speak with the DA before he moves forward with anything?

I doubt he will speak to you at all until you have an attorney and your attorney joins you.


- Carl

 

[bakside]

response:

Thank you very much for your reply. So you think it's no problem for me to go in and be booked?
How long (looking for a guess) will it take for this case to be played out approximately?

 

[seniorjudge]

Q: So you think it's no problem for me to go in and be booked?

A: You can do it the easy way (turn yourself in) or the hard way (they come and get you). If you co-operate, they will be more likely to do some negotiation; if you refuse to turn yourself in, they will likely not be in a mood to negotiate.


Q: How long (looking for a guess) will it take for this case to be played out approximately?

A: No one can answer that; there are too many variables.