July 17, 2013 By Matthew Wallin

Client Maintains Employment After Having Grand Theft And Burglary Charges Against Her Dismissed (PC 487(a), PC 459-460(b))

Recently one of our client maintained her employment after having grand theft and burglary charges against her dismissed. Experienced criminal defense attorney, Matthew B. Wallin, obtained this result after reaching an agreement with the prosecutor to drop both charges against our client. If convicted of both charges, our client faced up to 3 years in county jail and up to $10,000 in court fines.

Grand theft defense lawyer
Attorney Matthew Wallin can help if you are accused of grand theft.

“I understand that getting in trouble with the law can be extremely embarrassing, shameful, and uncomfortable,” said Mr. Wallin. “My goal from the initial meeting is to make sure my clients remain comfortable and fully informed of any developments in their case.”
Our client was charged with grand theft (PC 487(a)) and commercial burglary (PC 459-460(b)) of a well-known retail establishment. After meeting with our client, Attorney Wallin reached out to the district attorney on her behalf. Knowing that felony charges would result in immediate termination of her employment for her, Mr. Wallin persuaded the prosecutor to file misdemeanor charges against our client.

After this step, Mr. Wallin turned his attention to ensuring that our client would avoid jail time. Through skillful and persistent negotiations, Attorney Wallin reached an agreement with the prosecutor that allowed our client to earn an outright dismissal of both charges. Due to Mr. Wallin’s commitment to obtaining the most favorable result possible, our client did not have to serve any jail or probation time, pay any fines or perform any community service. She was able to maintain her employment and emerge from the situation with a clean criminal record.

If you are accused of grand theft under California Penal Code section 487(a), you need to contact an experienced criminal defense attorney that is ready to fight for your rights. The attorneys at Wallin & Klarich are familiar with all of the elements that the prosecutor must prove to convict you of grand theft. To convict you under PC 487(a), the prosecutor will need to prove the following elements:

  • You took possession of property owned by someone else;
  • You took possession of the property without the owner’s permission;
  • When you took the property, you intended to deprive the owner of it permanently or remove it from the owner’s possession for an extended period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property;
  • You moved the property any distance and kept it for any period of time;
  • The property was valued at more than $950.

For over 40 years, Wallin & Klarich has successfully defended clients accused of grand theft. The attorneys at Wallin & Klarich know all of the defenses to a grand theft charge. Successful defenses to a grand theft charge include, but are not limited to, the following:

•    Lack of specific intent
o    You cannot be convicted of grand theft if you did not form the specific intent to steal the item. For example, if you took the item by mistake or absentmindedness, you did not have the specific intent required for a PC 487(a) conviction.
•    Claim of right
o    If you took an item because you had a reasonable, good-faith belief that the item belonged to you, a prosecutor may not convict you of grand theft.
•    Authorization of use
o    You may have a valid defense to a grand theft charge if you had a good- faith belief that you were authorized to use the item. Your belief does not need to be correct as long as you had a good-faith belief that you were authorized to use the property.

AUTHOR: Matthew Wallin

Matthew B. Wallin is an experienced and knowledgeable attorney at Wallin & Klarich. He approaches each case as an opportunity to help an individual at a time when they need it most and understands that he is the one they have turned to for help.   Mr. Wallin has represented hundreds of our clients in cases involving DUI and DMV hearings, domestic violence, assault and battery, drug crimes, misdemeanors and serious felonies. With extensive experience handling DUI cases, Mr. Wallin is one of the premiere DUI defense attorney in Southern California.

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