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shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 150
Experience:  I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
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Customer Question

I have been charged with embezzlement 10851 , kept a rental car passed its due date. I have sufficient evidence that I did not intend to deprive, not to keep the rental permanently . I also have proof of payment in full to rental agency. I am defending myself on Monday and would liek to know what I must demand from the DA to assure not damage to my record. What is the best case scenario ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  shurmust replied 1 year ago.

shurmust :

Greetings! I am happy to help you on this matter. I am not sure what you mean by "best case scenario" but if by that you mean the outcome, I can only speculate and that is you be found not guilty. Certainly, as I am sure you already know and the court has advised you it is extremely difficult to represent yourself in any criminal matter especially in a felony trial.

shurmust :

According to the statute: a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or ( ) pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.

shurmust :

Also if you have been convicted of this crime before or if the car was an emergency vehicle (which I doubt if it was a rental) it is a felony punishable by more time of incarceration pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.

shurmust :

According to Rule of Criminal Procedure the prosecutor must disclose to you 1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.


 

shurmust :

However, if the defendant is acting as his or her own attorney, the court shall endeavor to protect the address and telephone number of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court.


 

shurmust :

According to 1504.3 your role of disclosure is the following:. (a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial. (2) Any real evidence which the defendant intends to offer in evidence at the trial.

shurmust :

However, not to beat a dead horse, and I do not judge you, but I would strongly encourage you to think about hiring a lawyer or at the very least having one as standby. Representing yourself without any knowledge of the law can be a rough road and rarely is successful.

shurmust :

The other thing I will say is you may have passed the deadline for demanding "discovery" from the prosecution.

shurmust :

While there are certain things they absolutely must turn over such as exculpatory evidence, evidence that shows you are "innoncent" they may not have to disclose much if you never demanded anything.

shurmust :

You should ask for a continuance (if the court has not already given you an opportunity) so you can review what the prosecutor has or you can review with a lawyer.

shurmust :

I hope this helps. Please remember, I only get credit if you give me positive feedback. If I have not answered your question, please let me know so I can earn the credit.

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