Burglary, Arson, Home Invasion passing a counterfeit bill

[ultima40]

I was shopping at a grocery store and attempted to pay for approx. $45.00 dollars in groceries with a $50.00 dollar bill. The checker thought that the bill was fake and gave it to the manager who determined it to be fake . I felt that they might be misstaken and asked if they could use a counterfeit pen to check it . He told me that he had and it was fake. I heard someone say that they were going to make the call to the police. An employee at the service desk asked me for my asked me for my ID and at that point I became aware that I was being accused of committing a crime. I got scared and walked out of the store and was later apprehended walking away from the store. When asked if I was in the store, I said I was not and refused to make any more statements. I was arrested and made bail of $30,000. At arraignment I was charged with passing a forged bill, 2nd degree burglary and the California 3 strikes statute. My next appearance is the 14th of Jan. for preliminary hearing. I have spoken with a public defender first time today and told that there was still no police report available and that the DA would probably offer a deal of 25 years to life! I tried to get a police report from the police dept. but was told that it was only available to attorneys. I am an only surviving child and care for my elderly parents. What , if any, defense(s) do I have?

 

[army judge]

Leaving under 'suspicious' circumstances is problematic for you at trial.
Your 'disappearance' illustrates guilt.
Possessing counterfeit currency does not make one guilty.
Vacating the premises can be overcome.
Remaining silent is helpful.
In cases such as this, one's ignorance is useful.

 

[Antigone]

I was shopping at a grocery store and attempted to pay for approx. $45.00 dollars in groceries with a $50.00 dollar bill. The checker thought that the bill was fake and gave it to the manager who determined it to be fake . I felt that they might be misstaken and asked if they could use a counterfeit pen to check it . He told me that he had and it was fake. I heard someone say that they were going to make the call to the police. An employee at the service desk asked me for my asked me for my ID and at that point I became aware that I was being accused of committing a crime. I got scared and walked out of the store and was later apprehended walking away from the store. When asked if I was in the store, I said I was not and refused to make any more statements. I was arrested and made bail of $30,000. At arraignment I was charged with passing a forged bill, 2nd degree burglary and the California 3 strikes statute. My next appearance is the 14th of Jan. for preliminary hearing. I have spoken with a public defender first time today and told that there was still no police report available and that the DA would probably offer a deal of 25 years to life! I tried to get a police report from the police dept. but was told that it was only available to attorneys. I am an only surviving child and care for my elderly parents.

Would this be your third strike?

You should never have attempted to flee and then lie. You made yourself look very guilty. At worst the FBI would have contacted you and asked you where you came to possess this money.

 

[jharris352]

Your defense is GET A LAWYER NOW. If they don't find more bills or they can't link you to some way of manufacturing that bill you will beat the charge. They are, however, going to crawl up your back and search every inch of everything you have.

Get a lawyer and get to convincing them that you had no idea the bill was fake and you are a victim too. Running was SILLY. That makes you look very guilty.

If you can make a 30,000 bail you can get an attorney. Get one or you are going to wish you had. Good luck.

 

[ultima40]

I was convicted over 10 years ago in Oregon of 6 counts of Robbery 1 arrising out of one episode . I am now out on bail of $30,000 and was just given a PD who raised the question of wether I can remain free on such a small bail amount. I am considering a private attorney if not too expensive. What would be a reasonable amount to represent me?

 

[mightymoose]

You can get a copy of the police report. You might get a redacted version, but you can get it. Not everyone has an attorney.

You shouldn't have lied about not being in the store. That might be what got you arrested more than anything else. You made it appear that you knew you had been caught and were trying to get away.

If it had been an honest mistake, most people would have simply offered another bill, written a check, used a card... offered some other means of payment. It is not illegal to pass a counterfeit bill... it is illegal to knowingly do so with intent to defraud. You quickly left the store and lied about your presence in the store... why would they believe anything else you had to say?

Hmm... I am not so sure that is a strike offense though. I thought that was reserved for specific violent offenses.

If it had been me... I would have asked for the bill back if they would not show me evidence that it was fake, and I would offer them alternate payment. If they refused to give it back I would have asked for the police- accusing them of stealing my $50. If they asked for my ID I would have told them to suck eggs and give me my $50 back. Had the police come and asked for my ID I would have given it.

You handled the entire situation very poorly.

 

[ultima40]

Yes, I know now that I handled it poorly. I was scared and was afraid of going to jail. It's been a long time since I have been in Jail and at 55 years old I should know better. The police dept. refuses to give up a police report and my PD says that they sent them a blank page with no info. Preliminary hearing is in 2 weeks. Any suggestions?

 

[mightymoose]

You need to go to the records department and make some noise about getting a copy of the report. If they continue to refuse, have them provide you a written copy of their policy that states why you can not obtain it. You are an involved party and should have access. The PD can also obtain it, but has other cases to work on as well and it may not be a priority.... but you can try to push the PD to get it as well.... or you can hire private counsel.

 

[Antigone]

You can get a copy of the police report. You might get a redacted version, but you can get it. Not everyone has an attorney.

You shouldn't have lied about not being in the store. That might be what got you arrested more than anything else. You made it appear that you knew you had been caught and were trying to get away.

If it had been an honest mistake, most people would have simply offered another bill, written a check, used a card... offered some other means of payment. It is not illegal to pass a counterfeit bill... it is illegal to knowingly do so with intent to defraud. You quickly left the store and lied about your presence in the store... why would they believe anything else you had to say?

Hmm... I am not so sure that is a strike offense though. I thought that was reserved for specific violent offenses.

If it had been me... I would have asked for the bill back if they would not show me evidence that it was fake, and I would offer them alternate payment. If they refused to give it back I would have asked for the police- accusing them of stealing my $50. If they asked for my ID I would have told them to suck eggs and give me my $50 back. Had the police come and asked for my ID I would have given it.

You handled the entire situation very poorly.

Mighty,

If I remember correctly, in California if a felon has a conviction for a violent crime has another conviction of any kind it can be counted as a strike. I remember reading about a man who had two strikes and got his third for stealing a sandwhich.

 

[jharris352]

If not too expensive? You have a serious chance of spending from now until they put you on trial in jail (how expensive would that be) and then from now until 10-20 years (how expensive would that be?

I would imagine, if all is as you have said, that a private attorney would cost you $2500 if he/she can solve it before trial and if it goes to trial then between $5000-15,000 more depending on how long the trial will be.

 

[army judge]

Most people in your situation are, indeed, innocent.
You were just fearful as an ex-con.
Flight, in your situation, was normal.
Now, you must explain your actions through your attorney.
The case must suck, as the Secret Service and the AUSA have not gotten involved.
I suspect a plea offer is being considered.
Most likely, it'll be some sort of misdemeanor with restitution and supervision.
California is broke, and that helps them dispose of cases such as this!
They, in fact, are victims, too.
Most probably YOU got that bill at a casino, from an atm machine, or found it laying in the gutter.

 

[mightymoose]

I doubt even the misdemeanor will stick. As you said, flight in this situation is not unusual... if they can't show he was intentionally trying to pass the counterfeit bill then it isn't a crime.