theft

Published on: September 5, 2012

Woman Swallows Evidence of Crime and Sells It Later

Angele Hardman allegedly walked into a Macy’s store and asked the clerk to try on a valuable, $4000 ring. When the ring seemed to get stuck on her finger, the clerk attempted to remove it with water and lotion. When the clerk’s back was turned, Hardman allegedly took off the ring and swallowed it. She then was reported to have presented the clerk with a fake copy of the same ring.

The clerk immediately noticed the discrepancy and called store security. Hardman was searched, but because the ring was not found among her belongings, she was released. After reviewing surveillance video, the store contacted police, and detectives arrived at her home for the purpose of investigating the incident.

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Published on: July 11, 2012

Appeals Court Reverses Burglary Tools Conviction in Criminal Case

by Staycie R. Sena

In 2009, an elderly woman got nervous and dialed 911 when a woman outside her home repeatedly rang her doorbell. She did not recognize the person at the door and did not open it. The woman, Marcelina Diaz, eventually left, but soon returned with a large bag . Inside the bag were latex gloves. This time, Diaz climbed a wall into the back yard. She pried open a screen door, only to find the sliding glass door locked. She was caught looking for another entry when the police arrived.

Diaz gave officers a fake name and birthday. Officers found the bag and gloves in the backyard. Besides being charged with felony residential burglary and making a false representation to a police officer, Diaz was charged with possession of burglary tools, a misdemeanor.

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Published on: September 16, 2010

Most Petty Thefts No Longer “Wobble”

by Staycie R. Sena

A petty theft is the stealing of something under $400. Most shoplifting cases are petty thefts. Consequences for petty theft cases range, but criminal defense lawyers are typically able to get results which include a program and then dismissal or physical labor, community service, fines and probation. Sometimes, however, a petty theft can lead to a stiff state prison sentence. Until recently California allowed a petty theft to be charged as a felony if a person had been convicted of a petty theft at any time in the past and they’d been “booked” or had their mugshot and fingerprints taken at a local police department. Petty theft charges were thus what criminal attorneys call “wobblers”– they could be charged as either a misdemeanor or the more serious felony, at the discretion of either the District Attorney or City Attorney’s Office. Ironically, Chelsea’s Law has just changed this.

Chelsea’s Law, the law that severely increased penalties for sexual offenses against children under the age of 14, had a legislative rider that actually decreased the penalties for petty thefts. Effective September 9, 2010, a petty theft cannot be charged as a felony unless 1) the accused has three or more petty theft priors; 2) the accused is already required to register as a sex offender; or 3) the accused has a strike prior or has been convicted of an offense that falls under California’s Three Strikes regime.

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Published on: March 9, 2010

Can’t Buy Me Love (or silence)

by Staycie R. Sena

David Letterman can sleep better tonight. Joe Halderman, the man accused of extorting Letterman for $2 million, has plead guilty. Halderman was accused of extortion after demanding $2 million from the late-night star, lest he divulge his various affairs with co-workers. Halderman’s criminal defense lawyers worked out a deal which requires that he plead guilty to felony second-degree grand larceny, spend 6 months in jail, complete 1000 hours of community service and complete 5 years of probation. Though they minimized the jail time, Halderman’s criminal lawyers could do nothing about the 27-year career at CBS that Halderman flushed down the drain with his threats.

Extortion is a curious animal. Blogs and reader comments expressing sympathy for Letterman and wanting a stiffer penalty for Halderman abound. Does extortion mitigate an extra-marital affair? Would we have felt sorry for Tiger Woods if someone threatened to expose his sordid soirees? And for the philosophically-inclined, here’s a question a friend once asked:

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