Summary
In California, larceny charges can be classified as petty or grand theft based on the value of stolen items. A speedy trial is a right under Penal Code §1382, with specific timelines for misdemeanors and felonies. Delays without good cause may violate this right. Lost evidence, like a missing video, can impact the case, and a motion to dismiss may be filed for lack of probable cause or insufficient evidence. Appeals are generally possible after a final judgment. Consulting an attorney for guidance on motions and appeals is advisable.Full Conversation
ill start with a brief issue then i will add more after as i do not have all the papers in front of me , i was charged with larceny, loss prevention said jeans were put in a cart one by one then by stacks and he believed organized gang do to we moved thru the store swiftly * min. * pairs of jeans, probable cause was it met I said the store cam will prove my innocence but they lost it
Thank you for sharing, Daniel. It sounds like a challenging situation.
Could you clarify whether you have been formally charged in court, and if so, the specific charges? This will help me provide more accurate information.
yes larceny the other person pushed the cart out the door and its documented
Thank you for the details, Daniel. To provide you with relevant information:
- In California, larceny is generally considered theft and can be charged as either petty theft or grand theft, depending on the value of the stolen goods.
- Petty theft involves items valued under $* and is typically a misdemeanor.
- Grand theft involves items valued over $* and can be a felony.
Could you specify the value of the stolen jeans and whether any court dates have been set?
*.* I asked for a speedy trial over a year ago and my motion to dismiss was refused.
Thank you for the additional details, Daniel. Here are some relevant points:
- In California, you have a right to a speedy trial under the Sixth Amendment and California Penal Code §*.
- For misdemeanors, a trial should commence within 45 days if out of custody, or 30 days if in custody.
- For felonies, it should start within 60 days of arraignment.
~California Courts Information~
You might consider contacting your local court for further assistance:
Phone: [Insert local court phone number]
Website: www.courts.ca.gov
Would you like more information on how to proceed with your case?
yes there is more was charged in */* its been over a year and the pre trial date is not set. the only witness was loss prevention person and he stated the other person pushed the cart out i stayed inside as i did not know he was going to do that, the store was empty no cashers.
Thank you for the additional details, Daniel. Here are some relevant points:
- In California, you have the right to a speedy trial under Penal Code §*.
- For felonies, the trial should start within 60 days of arraignment.
- Delays can occur, but excessive delays without good cause may violate your rights.
Would you like advice on how to address the delay with the court?
my motion to dismiss based on my speedy trial rights was turned down the judge asked if my attorney went to the store personally to see if they had the video the police lost then he said video might show up latter plenty of time motion deigned.
Thank you for sharing more details, Daniel. It sounds like you have concerns regarding your right to a speedy trial and the lost video evidence. Here are some relevant points:
- **Speedy Trial Rights:** Under California Penal Code §*, delays without good cause can violate your right to a speedy trial.
- **Lost Evidence:** The court can consider efforts made to locate the video.
Would you like information on how to appeal the motion denial or other legal options?
i was told i have to wait till the case is over to appeal.
Hi Daniel, thank you for the detailed information. Here are some relevant points regarding appeals in California:
- **Appeals Timing:** Generally, you can only appeal a case after a final judgment or order.
- **Interlocutory Appeals:** Some orders can be appealed immediately, but they are limited.
Would you like more information on how to prepare for an appeal after your case concludes?
yes
Hi Daniel, thank you for your patience. Here are some steps and tips on preparing for an appeal after your case concludes:
- **Document Everything:** Keep detailed records of all court proceedings, including transcripts, motions, and rulings.
- **Consult an Attorney:** An experienced appellate attorney can guide you through the process and improve your chances of success.
- **Understand Deadlines:** Appeals must be filed within a certain timeframe after the final judgment, typically 60 days.
Would you like more information on finding an appellate attorney or specific details about the appeal process?
i was hopping to motion for dismissal for lack of probable cause and lack of evadence.
Hi Daniel, I understand your situation. Here are some points regarding a motion to dismiss for lack of probable cause and evidence:
- **Probable Cause:** Lack of probable cause can be a basis to dismiss charges if the prosecution cannot establish a reasonable belief that a crime was committed.
- **Insufficient Evidence:** If key evidence (like the video) is lost and it's crucial to your defense, you can argue that the case cannot proceed.
Would you like more information on how to draft and file this motion?
what do you think is best
Hi Daniel, it seems like you're dealing with a complex legal issue. Here's a summary of your options:
- **Motion to Dismiss for Lack of Probable Cause:** Argue the prosecution's inability to establish a reasonable belief that a crime was committed.
- **Insufficient Evidence:** Focus on the lost video as crucial evidence.
- **Appeal After Final Judgment:** Keep detailed records and consult an appellate attorney.
Would you like more detailed guidance on drafting the motion to dismiss, or help finding an appellate attorney?
i need to type in everything loss prevention stated and i think i still can motion to dismiss as no pre trial has been set plus there are lies on the report.
Hi Daniel, I understand your current focus. Here are some steps you can take:
- **Document Statements:** Transcribe everything Loss Prevention stated accurately.
- **Motion to Dismiss:** Argue lack of probable cause and insufficient evidence, focusing on inaccuracies and lost video.
- **Legal Representation:** Consider consulting an attorney to ensure your motion is well-prepared.
Would you like more detailed guidance on drafting your motion to dismiss?
CAN I UPLOAD A FILE
Hi Daniel,
Unfortunately, you cannot upload files here. However, I can still help you. Please provide the key points or statements from the loss prevention report that you believe are critical.
Would you like guidance on how to structure and draft your motion to dismiss based on probable cause and insufficient evidence?
MOTION TO DISMISS BASED ON LACK OF PRBBABLE CAUSE AS LOSS PREVENTION CALLED POLICE BASED ON TWO MALES PLACING JEANS ONE BY ONE THEN STACKS FOR A TOLTAL OF * PAIRS. I DO NOT BELEIVE THIS IS ENOUGH TO WARRANT CALLING POLICE
Hi Daniel,
To help you draft your motion to dismiss, here are some key points to include:
**Motion to Dismiss for Lack of Probable Cause and Insufficient Evidence**
*. **Introduction:**
- State the motion's purpose and the specific charges against you (larceny).
*. **Lack of Probable Cause:**
- Argue that placing jeans in a cart does not establish probable cause for theft.
- Highlight any inconsistencies or inaccuracies in the loss prevention report.
- Mention the loss of key video evidence that could prove your innocence.
*. **Insufficient Evidence:**
- Emphasize the loss of the store surveillance video.
- Argue that without this video, the prosecution lacks crucial evidence.
- Mention any false statements or discrepancies in the loss prevention testimony.
*. **Conclusion:**
- Request the court to dismiss the charges due to lack of probable cause and insufficient evidence.
Would you like more specific language or examples for each section?
POLICE REPORT STATES THE REPORT IS TO GIVE THE READER A GENERAL VEIW OF WHAT HAPPEND , IS THAT ALL HEARSAY? ALSO WHAT IF THE REPORT IS NOT SIGNED?
Hi Daniel,
Here are some key points regarding your concerns:
**Hearsay in Police Reports:**
- **Hearsay Definition:** Generally, hearsay is an out-of-court statement offered to prove the truth of the matter asserted.
- **Exception:** Police reports often contain hearsay but may be admissible under certain exceptions, such as public records or business records exceptions.
**Unsigned Police Report:**
- **Validity:** An unsigned police report may raise questions about its authenticity and reliability.
- **Challenge:** You can argue that an unsigned report should be given less weight or considered inadmissible.
Would you like more detailed guidance on how to address these issues in your motion?
DOES A POLICE REPORT NEED TO BE SIGNED? AND DOE EVERY PAGE NEED TO BE SIGNED OR INITIALIZED?
Hi Daniel,
Regarding your questions about police reports:
- **Signature Requirement:** In California, a police report generally needs to be signed by the officer who wrote it to verify its authenticity.
- **Page Signing:** Not every page needs to be signed or initialized, but the report's signature page should confirm all content.
Would you like more detailed guidance on how to address an unsigned police report in your motion?
THE POLICE REPORT HAS THE NAME OF THE OFFICER THE NUMBER OF PAGES BUT IT IS NOT SIGNED NOR IS THE WITNESS REPORT ALSO THEY DO NOT HAVE THE STORE VIDEO THAT THE WITNESS BASED HIS OBSEVATION ON. HOW DO I FILE A MOTION TO DISMISS BASED ON THAT
Hi Daniel,
To draft a motion to dismiss based on the unsigned police report, unsigned witness report, and missing store video, consider the following structure:
**Motion to Dismiss for Lack of Probable Cause and Insufficient Evidence**
*. **Introduction:**
- State the purpose of the motion.
- Specify the charges against you (larceny).
*. **Lack of Probable Cause:**
- Argue that placing jeans in a cart does not establish probable cause for theft.
- Highlight the absence of key evidence (store video) that could exonerate you.
- Mention any inconsistencies in the loss prevention report.
*. **Insufficient Evidence:**
- Emphasize the missing store surveillance video.
- Argue that without this video, the prosecution lacks crucial evidence.
- Note any false statements or discrepancies in the witness testimony.
*. **Unsigned Reports:**
- Point out that the police report and witness report are unsigned.
- Argue that this raises questions about their authenticity and reliability.
*. **Conclusion:**
- Request the court to dismiss the charges due to lack of probable cause and insufficient evidence.
Would you like specific language or examples for each section?
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