First offer from DA

[Scaredstiff]

What is the name of your state? california

I have been charged with grand theft misdameanor and was offered a plea by the DA. This is for a 1500 item that i mistakingly took from my employer believing that it was gonna be trashed. It wasn't oing to be trashed, therefore charges were pressed. i returned the item in the same condition in accordance with the recommendations of the arresting officer.

The intitial offer

Grand theft charge sticks
30 days jail (interchangable for work program)
3 years probation

this is my first offense. Here are my questions

Can my lawyer couonter this intital offer?
Can my lawyer recommend that fines be added on for a lessor charge?
DO DA's generally come down from their first offer?
Is this a bit steep for a first offense? any one had any experience in this?
If taken to trial and found guilty am i likely to get a tougher sentence?

 

[Happy Trails]

What is the name of your state? california

I have been charged with grand theft misdameanor and was offered a plea by the DA. This is for a 1500 item that i mistakingly took from my employer believing that it was gonna be trashed. It wasn't oing to be trashed, therefore charges were pressed. i returned the item in the same condition in accordance with the recommendations of the arresting officer.

The intitial offer

Grand theft charge sticks
30 days jail (interchangable for work program)
3 years probation

this is my first offense. Here are my questions

Can my lawyer couonter this intital offer? ** Do you have a lawyer? What did the lawyer say when you asked him\her?
Can my lawyer recommend that fines be added on for a lessor charge? **See above.
DO DA's generally come down from their first offer?
Is this a bit steep for a first offense? any one had any experience in this?
If taken to trial and found guilty am i likely to get a tougher sentence?

489. Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.

Some links from other posters:

https://forum.freeadvice.com/showthread.php?t=185908&highlight=California+grand+theft

https://forum.freeadvice.com/showthread.php?t=136584&highlight=California+grand+theft

You can also run a forum search for more.

But of you have a lawyer, he\she should be consulting with you on what you should do.

 

[Scaredstiff]

Really i'm searching here for some answers to get me through the night. My lawyer was so great that she went to court for me this morning and didn't even call me to tell me the outcome. Her parallegal was nice enough to return my call this afternoon. Really great service. I guess when she heard it wasn't a felony and she wasn't gonna make as much cash off me she decided that her customer service skills could be cut in half like her fee.

I guess I'm jsut unaware of the whole proccess as far as making counter offers to the DA's initial offer. Is that the way things work?

 

[tigger22472]

You have the right to accept the plea or not. If not it could go to trial and take your chances. The prosecution MIGHT come up with another offer but as generous as this offer is it's unlikely you'll be offered any better then this.

 

[calatty]

You will almost certainly get a more severe sentence if you are convicted following a trial, unless you get acquitted. If you believed you had a right to take the property or thought the property had been abandoned, then you have a complete defense to the charge. Convincing the jury is another story. They will wonder why you didn't just ask your employer whether it was abandoned before you took it. The whole idea of a plea offer is that you get a more lenient sentence in return for sparing the state the expense of a trial. The offer is very generous -- no jail time. What better offer do you expect your attorney to bargain for?? What lesser charge?? It is already a misdemeanor. No, you can't offer to pay more in fines to get a lesser sentence.

 

[D'Girl]

I hope I'm not double threading here but I really need answers. My situation was in short of being indicted last february 2004 conspiracy, posession and wire tap or fraud. Now an alleged incident happened in 2001 where they have me on surveillance allegedly putting somethin in bra, NOT! The other 2 charges are bogus. I want to know why DA is on me so hard and unfortunately I have a court appointed attorney who doesnt seemto be helping. Original offer from da was conviction of posession and conviction of felony 2 years probation. I said no way because I no for a fact I did not do the felony. To skip rest which I explained to you before trial date was suppose to be Jan 10 whereas I was the one who thru research suggested Section 17. DA just found out previous night I had prior DUI ARD therefore not eligible? My lawyer didnt even know. Not that I'm complaining but shouldnt they know all about me? Anyway judge couldnt offer it. When I left courtroom with mom she was buttoning her coat this DA comes storming thru door with loud threatening voice and stated "I AM MAKING A BIG MISTAKE!!!!!" That I was looking at 12 months. I said nothing. He scared my mother to death. Said to talk to my lawyer. I thought this action was so uncalled for and unprofessional and demeening. I told my lawyer about it he said he knew and dont worry. Dont worry this is my life.All these others had 100's of well I m not going to get into it but I'm a tadpole, associated with people for 1 hour over 3 years ago. Why is he doing this to me. Only evidence he has is surveillance of me putting something in bra, I told him to enlarge it he wont find anything . Sorry so long but by way trial jan 10 was I showed up in courtroom, my lawyer was standing up front with da he motioned me to come up that is where I and he first saw surveillance. Isnt this a technicality for dismissal? They were telling me all along they had me making a phone call, no just this which shows absolutely nothing. My lawyer and I went to a small room I told him I'm not going to plea because I didnt do anything and they dont have anything. He went to da they talked, he motioned me back to room, he said da would drop felony!!HAAA like he was doing me a favor I didnt do anything to have gotten it. I said no. he went back out, da handed him what I took to be the new agreement less felony and the look on his face when my guy said no. Anyway we left, were given supbeona for 3 days later, my lawyer showed in my place.I came up with section 17 idea and were to meet following tuesday where I told you incident. I am terrified and feel so bad for everyone out there and there are alot of us that the system takes advantage of because of our naievty or lack of finances. Should I try to maybe beg my ex for money to get a good criminal lawyer? I dreaded having to do this but this is absolutely or potential to destroy my life?Most important question is Trial now is to be end of March, can they really bring it to trial with this obsurd one piec of evidence and 1 eyewitness who quite honestly is the dealer and relative of person I gave ride to and was known to be in all that, enough said. Thats predjudice or something