Is It a Crime to Return Stolen Items?
Can I Still Be Charged with Theft in California If I Return the Property?
Can I Still Be Charged with Theft in California If I Return the Property? If someone steals an item but returns it the next day, can he still be charged with theft? The answer to this question may not be obvious. In order to answer it, we must first understand how the California Penal Code defines theft. Definition of Theft in California Theft is split up into two broad categories,…
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Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The defense attorney must balance the interests and desires of their client while navigating the realities of the facts of the case and the evidence at hand. Each type of criminal offense has a specific strategy a defense attorney must utilize to obtain the best possible plea deal. For example, we…
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Success Stories: Grand Theft at a House Party [PC 487]
Success Stories: Grand Theft at a House Party [PC 487] If there is any constant in this world, it is that young adults will make mistakes. The variable is whether those mistakes represent a lifetime of bad behavior or a lesson from which they will learn and grow. Recently, our law firm was retained to represent an 18-year-old young man who made a terrible mistake. While at a friend’s house…
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What are the Consequences of Petty Theft with a Prior? (666 PC)
What are the Consequences of Petty Theft with a Prior? (666 PC) A petty theft conviction carries up to six months in county jail and a maximum fine of $1,000. However, if you have a prior theft conviction on your criminal record, you could be charged with a separate crime that carries more severe consequences under California Penal Code Section 666. This crime is referred to as “petty theft with…
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Differences between theft and embezzlement
Differences between theft and embezzlement Your boss comes to you and asks if you can deliver some cash to the bank for a deposit. Of course, you say yes. When you get to the bank, you think “My boss won’t realize that a few hundred dollars went missing,” and you pocket some of the money. A few days later, the police show up to work and arrest you for embezzlement.…
Read MoreWhen is Receiving Stolen Property a Crime in California? (Penal Code 496)
When is Receiving Stolen Property a Crime in California? (Penal Code 496) Under California Penal Code Section 496(a), it is a crime to receive stolen property that you know to be stolen. Stolen property is any property obtained during the commission of a theft crime, including larceny, burglary, robbery, embezzlement, false pretenses or trick. You may be thinking of an incident where after committing a burglary or robbery, the criminal…
Read MoreI Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496)
I Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496) Many people do not realize that you could be charged with a crime if you receive stolen property in California. If someone sells or gives you stolen goods, you could face serious legal consequences. However, receiving stolen property does not mean you will automatically be convicted of this crime. If you purchase an item from…
Read MoreYou Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft
You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft If you're like most people, you've probably been tempted to steal something before in your life -- not something as expensive as a car, but maybe a pack of batteries or a pair of socks. You think nobody will get hurt by taking these action; it's only a small item. The reality is that the…
Read MoreIs It Worth It to Hire an Attorney for Petty Theft? (California Penal Code Section 488)
Is It Worth It to Hire an Attorney for Petty Theft? (California Penal Code Section 488) Many people who are arrested for petty theft may not see the reason to hire a criminal defense attorney and may choose to fight the charge themselves. Although it may seem you are saving money by fighting a petty theft charge by yourself, hiring an experienced criminal defense attorney can make a huge difference…
Read MoreIs It a Crime to Return Stolen Items?
Is It a Crime to Return Stolen Items? After the holiday season ends, you may be interested in returning gifts. However, if a gift was stolen, you could face repercussions for attempting to return it. The question of how you will be charged depends on the value of the item and how the item was stolen. In order to detain you, a merchant must have probable cause to believe that…
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