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Five felonies, first time offense, California, jail time? Plea bargain?
Anonymous2 views3 answers
I stole from my employer, about $10,500 in merch out the door. When they caught me I gave everything back. The one item I didn't have anymore I signed a promissory note for and I've been paying it back for three months. I've been charged with PC.503/508 Embezzlement by clerk, 478 (A) grand theft of personal property, and 459/460 (B) second degree commercial burglary. I don't even know if that counts as five felonies or three. I've never been in trouble before and I certainly won't ever be again. I'm starting a new job as I'm waiting for my arraignment and I'm enrolling in classes to finish my degree. I'm also trying to start volunteer work for a museum. Basically, I've realized my huge mistake and I'm doing everything to get back on track because I've always been a straight shooter.
Whether it's 3, 4 or 5 felonies you need a lawyer to help you on this. Because of the amount involved getting probation without jail time may be a challenge. More importantly with any one of these charges showing as a conviction on your record you will have a terrible time finding work in the future. The public defender or a private lawyer can help you achieve the best solution.
You have a multitude of felonies that are serious and have long lasting effects. You need an attorney to deal with this and hopefully keep you out of jail. The amount involved may cause great difficulties. The fact that you are paying it back certainly helps. An attorney is your best chance to get this reduced as much as possible.
Andrew Roberts
You're looking at three felonies, first of all. The embezzlement charge lists two code sections that specify which type of embezzlement - same thing with the burglary (459 is burglary in general, 460(b) makes it second degree). One other point - I assume you meant 487(a), not 478(a). 487 is grand theft.
From there...
You're going to have to work closely with your attorney to avoid custody time on this one. You're well in excess of the misdemeanor/felony cut-off of $950. The repayment of restitution up front is your best bargaining tool. Your attorney may suggest doing something beyond just a payment schedule. Borrowing the money from a relative and repaying them, rather than making your victim wait for reimbursement will go a long way for you.
The good news is that all your charges can be reduced to misdemeanors - either as part of a deal or in the future once you're finished with this case.
