Law Offices of Kenneth T Holder
CRIMINAL LAW
Theft Related Crimes
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Get In Touch!
Do You Need a Lawyer?
It’s unfortunate, but too many attorneys treat their practice as a business and less like the profession our law office believes it should be. To make matters worse, there are many occasions where paying an attorney thousands of dollars is unnecessary, but because of the sales and fear tactics employed by an attorney consultation; many clients retain an attorney needlessly and become locked into a non-refundable retainer where very little representation (if any) by the attorney is rendered. Our office is committed to not engage in this type of practice. When we offer you a free consultation, you are guaranteed to become a well-informed client, confident that you are making the right decision as to whether you need to hire an attorney and making sure that you are hiring the right attorney who will give you the type of representation you were told you would receive.
You have a constitutionally guaranteed right not to incriminate yourself.
Make sure that you do not!
In general, if you are facing a criminal charge or even an initial criminal investigation, the best legal advice you can get from a criminal defense attorney is to exercise your 5th Amendment right not to provide any information that may incriminate you. Under no circumstance should you speak to an investigating law enforcement officer regardless whether you feel it is in your best interests. There are countless stories of well-intentioned defendants who thought being cooperative and explaining a situation ended up with criminal charges being filed against them. REMEMBER: In most cases, the primary motivation behind a law enforcement investigation is not to exonerate someone, but to find someone who can be arrested and prosecuted. All too frequently, their investigations result in reports that misquote, misrepresent, and give little, if any, credibility to what you have to say once they feel that there is a chance of making an arrest.
If you provide any information to a peace officer other than your contact information and the name and phone number of your attorney, you are probably making a huge mistake that will make the consequences very difficult to overcome later. Therefore, once you believe there is even the most remote possibility that you are being investigated for a crime, your first step should be to contact an attorney who can guide you through a very harsh and biased legal system. Our office can perform this duty for you by offering a free consultation to discuss your situation and help you make a smarter decision in your best interests.
Analyzing and understanding your case.
Although it may take some time and patience on your part, you can review the Penal Code yourself on-line and learn the requirements that must be met in order to prosecute and the penalties that could result if a prosecution against you is successful.
NOTE: Need to insert a link to the Penal Code at www.leginfo.ca.gov
Once you have studied the elements of your case, you still should follow through with an attorney consultation. The reason is that despite the penalties and punishments you discover in your research, there are many alternatives, which the California Penal Code does not discuss and that you may not be aware of. Even more important, one of our attorneys can make the legal language in the Penal Code easier for you to understand. Our office is committed to constantly explore all of the alternatives and options for our clients. If you have a case that is likely to turn against you, then it is our commitment to ensure that you do not suffer needless penalties or time in custody by what has increasingly become an uncaring and overreaching judicial process that often overlooks factors that can minimize a punishment against you. Not all cases go to trial and most probably should not. With you as an active participant in your own defense, we can ensure that your facts are reviewed in detail, brought to light in the courtroom, and given proper weight in our pretrial conversations with the prosecutors
Selecting your Attorney.
Your objective in hiring an attorney to get the best possible outcome for your legal matter. It is a well-known adage that “you get what you pay for”. In other words, if you have a “free” attorney representing you, then be prepared to get a result that is indicative of very little, if any, effort on your behalf. Similarly, if you hire a tax attorney or a worker’s compensation attorney to represent you in your criminal case, be prepared to get a result from an attorney who has no experience in dealing with the criminal courts system. If it helps to clear up the dilemma, you can imagine the outcome of a foot specialist doctor performing open-heart surgery on a patient. The outcome is highly unlikely to end very well for the patient. When you are discussing your case over the phone with an attorney, look for the following warning signs:
The initial phone call:
- Is the attorney going through the facts of your case so that he clearly understands them; or is he simply glossing over the facts, trying to end the call quickly, and pressing you to come into the office? This is indicative of an attorney who is focused more on treating his practice as a “business” and less likely as a “profession”.
- Is the attorney willing to discuss fees with you frankly; or is he vague as to how much your case is going to cost you? Since criminal cases are typically based upon a flat-fee structure, an experienced criminal attorney should be able to provide you a fairly close idea of the legal costs you are likely to incur.
Getting the “biggest bang for your buck”.
- The experience level of your attorney can often be a “double-edged sword”. On one hand, an experienced attorney has a lengthy association with the law and is probably familiar with the court personnel, the courts themselves, and often has a good grasp of the likely outcome, even before your first court date.
- However, this experience and familiarity with the likelihood of the outcome can limit an experienced attorney’s devotion to your case to where he may simply pursue the same outcome as he did with all similar clients that came before you. This can often prevent the attorney from looking into the details of your case that might make a result more favorable in our matter.
The fact is: Very quickly, even new criminal attorneys can be brought up to the familiarity levels required in criminal courts. One reason is because BY LAW, they are obligated to do so. Oftentimes, however, less experienced attorneys are not so jaded by the system and are willing to look beyond the closed box in which more experienced attorneys operate. This can be an important factor in deciding to hire the commitment level of a lesser inexperienced attorney who will go “all out” to avoid his client doing jail time vs. hiring a more experienced attorney who simply conducts business as usual.
About: Petty Theft
Penal Code Section 488
In order to convict someone of petty theft, the prosecuting attorney must prove:
- An accused person took personal property of some value belonging to another,
- When the accused took the property, it was with the specific intent to deprive the alleged victim permanently of the property, and
- The accused carried the property away by obtaining physical possession, movement of the property, and exercised control for some period of time.
- The value of the item(s) taken was $400 or less.
Petty theft is a misdemeanor offense. It is very rare for someone to receive jail time for a petty theft although technically, the crime carries a sentence of up to 1 year. If the item taken was a low-value item, the theft may be able to be reduced to an infraction and therefore, no criminal record would result. A problem arises for the accused if the crime is a repeat offense because the new theft case can (and likely will) be filed as a felony charge and the accused can then face jail time in state prison.
About: Grand Theft
Penal Code Section 487
In order to convict someone of grand theft, the prosecuting attorney must prove the same elements as in PC Section 488, except that the value of the item(s) taken must be greater than $400.00. As a result, a felony charge can result in the accused facing up to 3 years in state prison.
Even if you are charged with a felony, there is a good possibility that the charge against you can be reduced and that you may be able to avoid serving any time in custody. Therefore, it is important to get quality representation early so that Ken Holder can work with the prosecution to preclude a harsher charge and punishment against you than is necessary.
About: Burglary
Penal Code Section 459
In order to convict someone of burglary, the prosecuting attorney must prove:
- An accused person entered a building,
- At the time of entry, the accused had the specific intent to steal and take away someone else’s property, and
- The accused specifically intended to permanently deprive the owner of the property.
Any person who enters the dwelling or inhabited structure of another with the intent to steal or commit a felony is guilty of burglary in the first degree and can serve up to 6 years in state prison.
Commercial Burglary: Penal Code Section 459
In order to convict someone of commercial burglary, the prosecuting attorney must prove the same elements above, except that because a commercial burglary is not a dwelling or inhabited structure, it is considered a second-degree burglary. As a result, the charge can be filed either as a misdemeanor (a maximum sentence of 1 year) or as a felony with the accused facing up to 3 years in state prison. Even if you are charged with a felony, there is a good possibility that you may be able to avoid serving time in custody. Therefore, as with most theft cases, it is important to get quality representation early so that Ken Holder can work with the prosecution to preclude a harsher charge and punishment against you than is necessary.
About: Robbery
Penal Code Section 211
In order to convict someone of robbery, the prosecuting attorney must prove:
- A victim had possession of property of some value, however slight;
- An accused person took the property from the immediate presence of the victim;
- The property was taken against the will of the victim (i.e. without consent);
- The “taking” was accomplished by force or fear; and
- The property was taken with the specific intent to permanently deprive the victim of the property.
Thus, the crime of robbery is a combination of an assault and a larceny. This means that it is an offense against the person and against the property and the offender can serve up to 6 years in state prison. It becomes even more problematic because robbery is a “strike” offense requiring an accused’s attorney not only deal with the issue of serving time in jail, but also protecting one against issues of enhanced penalties, which can result in additional time served in state prison.