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Question

My brother is in jail now for grand theft exceeding $500. he works for home depot and they called him in on saturday which was his day off to cover for someone else's lunch break. Thing is- the inventory is really low in the section he works in (tool rental) and the store is accusing him of lettin customers walk away with unpaid merchandise. They are assuming that the customer and my brother have an agreement to do this in exchange for money to my brother. They called him into loss prevention and asked him alot of questions about what they though had been going on and called the cops and cuffed him. Can they do this? lets assume my brother did let other people go with unpaid mechandize because he's too lazy to call security or he did call security and people still got away- what's the worse they can do to him in court? i think that the grand theft charge was too big of charge to impose on him since he wasn't the one that stole anything. What do you guys think? the court is -

the court is tomorrow and i want to know what's the worse that can happen?? by the way- he's 22 and his first offense and never been arrested for anything before. Please help! by the wat- if i wanted to help my borther fight this- how much would a criminal lawyer cost me?

by the way in in California

Answer 1

Let's review a bit here, since you gave lots of information, most of it without a lot of value.

You didn't specify what state that you are in, so no one on this site can tell you what the sentence might be IF he is convicted of the offense. From your statements, I also can't tell enough to know what really went on.

After a person is arrested, generally they must be brought before a judge within a certain period of time. That period of time is set by statute, and varies from state to state. At that time, the judge will make sure your brother understands the charges against him, and ask him if he can afford an attorney. If he can, then they will set bail but generally set it high... the attorney can always do a bond review motion. If he cannot, there are generally public defenders available to be assigned there in the courtroom.

The next stage, depending on your state, will either be the submission of the case to a grand jury, (who will decide what to charge him with and if there is sufficient evidence to charge him) or a preliminary hearing. The preliminary hearing is a hearing to determine if there is sufficient evidence to bind the defendant over for trial on the charge. IT IS NOT A TRIAL.

IF he is bound over for trial, then he will face trial. It doesn't seem to me, from the sketchy information you gave, that a case of grand theft will lie. However, a case of conspiracy might, and there may be other charges that will come out of this.

The important thing is that your brother needs the advice of an attorney, immediately. Contact a criminal defense attorney who is licensed and experienced in your state and he/she can evaluate the situation, after having heard the entire story and reviewing all the facts.

A retainer of $5,000 to $7,500 would not be unreasonable in my area of the country.

For a referral to an attorney, contact your local or state bar association.

Answer 2

If anything - he will be found more guilty and possibly as the conspirator as he was the one who had access and ability to carry out the crime. depends on how bloodthirsty the prosecutor is.
As a first offense he will probably be able to plead out very little if any jail time and possibly down to restituion, time served and community service as minimum penalties.
the bigger problem is he will have to now go on interviews with a criminal record. He will then have his life ruined and will not be able to get good jobs.
To hire a top attorney to have the record expunged or found not guilty could run $5-10,000 dollars at the minimum.

Answer 3

If your brother was involved in any shape, way or form, then he can be charged with an accessory to the crime, and if he is in a deal with outside people, he might even be charged with "organized criminal activity". Any business will use any tactic possible to obtain information. Mainly when inside jobs are the issue.

Answer 4

>> lets assume my brother did let other people go with unpaid mechandize because he's too lazy to call security or he did call security and people still got away- what's the worse they can do to him in court? <<

I'm sure you love your brother, but nobody'd believe that bulls**t.

With no prior record, if he cooperates & names his co-conspirators & he or they make restitution, he'll likely get probation. If he tries to get away with the "I'm too lazy to call security," story he's looking at jail time.

The best thing you can do is try to get him a lawyer who will try to get him a deal avoiding a felony conviction.

Answer 5

If he allowed people to leave without paying then, yes, he is just as guilty as the ones he let steal the items.

As far as the charge, the difference between petty theft and grand theft are usually the value of the property stolen. Depending on your laws.

Answer 6

that's regularly a mixture of genes and surroundings. Nurture and Nature. i have self belief that someone's' genes ought to leave them predisposed to wade through from any particular variety of affliction, affliction, or habit. at the same time as our surroundings takes this is impression also, (newborn abuse, overlook) the problem flares up the genetic predisposition into impression. not each and every of the time although that. in spite of the indisputable fact that, maximum serial killers,and many different criminals have a tendency to have suffered from incredible and ADHD as little ones. They were confusing to handle, regularly violent, and self-absorbed with their own emotions or lack there of. maximum serial killers are diagnoses with Anti-social personality affliction, a psychological affliction that leaves its wade through without idea of guilt, compassion, or regret for all people else. at the same time as brains scans are performed on many or perhaps maximum of those people, they are got here upon to have insufficient pastime specially areas of the mind, frequently those to blame for self-restraint and impulse administration.

Answer 7

Trial is tomorrow and NOW you are thinking about hiring an attorney? Wait, if this happened Saturday, trial could not be tomorrow, it is probably his preliminary hearing.

contact the public defenders office. this is serious. get an attorney

Answer 8

well .. if its proved it was alot of merchandise he could get heavy fines and restitution payments and maybe even some jailtime ... he should be or should have kept his mouth shut ...