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If the person in question (not me and no relation of mine - thank god) was charged with two felony counts of embezzlement of public funds (school district) in california with two counts special circumstances in October 2005. Bench warrant issued and he was basically forced to turn himself in to sheriff's department in May 2006. He's continued on and on, even asked for dismissal which was denied in November 2006. Now we're in prelim stage and wondering how much longer if it goes to trial. A friend of mine, once covered courts for 8 years states that it's likely he'll plea out for less time. His next court date is next wednesday after an 8 week continuance asked by his defense atty for "investigation" again - stalling. Can he go for another year before trial - there's been two grand juries since 2002 - we're now talking five years later? He allegedly took over 70,000 public equipment, sold it and pocketed it.

2007-01-18 18:39:28 · 4 answers · asked by lawofconstantcomposition 2 in Politics & Government Law Enforcement & Police

Just to clarify - third posting did not take the time to read - the person is not related to me and this person is definitely not a friend.

2007-01-18 19:37:52 · update #1

4 answers

Well...unfortunately I know someone this happened to too.

The deposits went missing over a 10 month period between 2001 and 2002. She was charged in August of 2002, and ended up finally just giving in and screaming uncle, by pleading no contest in August of 2003. She was on probation for 3 years.

I know this girl personally, and I know for a fact, she didn't take anything. It's sad. She was railroaded into pleading out because she couldn't take the strain of the court system and the fighting it out, and was having a really hard time proving she didn't do anything wrong. It was a very sad, sad deal, and it really took a lot out of her. Now, she has a horrible time looking for a job, and she isn't very self confident. And...she's no longer a believer in the system.

2007-01-19 01:05:11 · answer #1 · answered by sdkramer76 4 · 0 0

If you've gotten to the prelim stage, your a long way along. It could take a while to get to trial, but a year would be a long time, and would be based on fairly exceptional circumstances caused by heavy case load in the court and multiple continuance requests. By the prelim, most of the investigation/discovery should be done, so the prosecutor is probably ready to go to trial.

Once in trial, it would be surprising if the case you are describing took more than a few weeks. We're not talking about proving years of unfair competition or some kind of complex conspiracy. The prosecutor probably just has to put on a few witnesses to testify that he received the equipment, that it's now gone and/or was sold illegally by him, and that the money ended up in his bank account. That sounds like a week or two of testimony, plus a week on either end for jury selection and deliberation (being generous: they should take less time than that). Then another month or two before sentencing, and then it's done.

To sum up, if it's not over before mid 2008, that would be very surprising. Or else you have greatly oversimplified the case in your description.

2007-01-18 19:14:00 · answer #2 · answered by Doc Cohen 3 · 0 0

I sounds like the taking of that Public Property is costing him by becoming a Public Personality! Someone has decided to made an example of your "person" & it would be wise to distance yourself from them or you could be next. I speak from experience. Your person screwed with the wrong person in a position of authority & is getting paid back for pissing them off! No telling how long it will take until the person who started all of this is satisfied that they have broken the spirit of the accused. You can's say you are sorry. You can't pay it back. You can't take it back...whatever it was. You have to just collapse before their eyes before they will restore your life, then pick up the pieces & rebuild. It could take a lifetime if a person is stubborn & doesn't catch on! If you didn't do it, don't take a deal. If you did, don't take the deal. Let a jury decide & stick to your guns without involving others, unless you have proof of their involvement.

2007-01-18 19:18:08 · answer #3 · answered by Anonymous · 0 0

it could take ten years or more.

2007-01-18 18:45:52 · answer #4 · answered by Anonymous · 0 0

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