Los Angeles County Criminal Lawyer Blog

In a strange case, a Los Angeles Police Department veteran detective has been arrested and charged with grand theft, the Los Angeles Times reports.

It is always intriguing when a law enforcement officer is arrested, especially by the agency they work for. Whether it's on a Los Angeles theft charge, Southern California drug case or other type of crime, police arresting police is always going to make the news and be fodder for water cooler chat.

But what about when the person arrested isn't a cop? These charges can be filed against any person at any time. Sometimes, it's a matter of misunderstanding and other times misidentification. Regardless of the reason for the charge, an experienced and skilled Los Angeles criminal defense attorney is needed to ensure the suspect is well represented.

An arrest is simply the first step in a long process for criminal defendants. Despite what the media may want the public to believe, it is far from a conviction. The initial news reports typically have only one side of the story, which comes from law enforcement officers who want the public to believe they are making good arrests.

It's not until the case progresses and more facts come out that the case will take shape. It's possible, especially in theft cases, that the eyewitness accounts simply aren't accurate. More and more courts across the country have been looking at witnesses with a more skeptical eye.

They may tell police they saw a person and can point him or her out of a lineup, but all too often, their memories are inaccurate or they are provided third-hand information that they tell to police. Over time, their story of what they say happened may change, which can lead to doubt as to whether the person who faces trial is guilty.

In this case, according to the newspaper, a 27-year police veteran, who was assigned to the narcotics and gang division, was arrested and charged with grand theft. The officer was involved in serving an arrest warrant at a location being investigated for narcotics crimes when another officer allegedly saw the cop taking money.

The supervisor was immediately notified and the detective's vehicle was searched on the scene. Money that police believe belongs to the suspect was found inside the vehicle. The officer was arrested by the internal affairs criminal investigation division, the newspaper reports.

A judge set bail at $20,000. The officer has been placed on administrative leave, based on what happens with the criminal and internal investigations.

What may end up being challenged by the man's Los Angeles criminal defense attorney is whether the officer was taking the money as evidence in the case. In a typical drug investigation, police will take money, drugs, drug paraphernalia and other potential evidence as part of their case. Proving the money belonged to the suspect and what the purpose for taking it could be important issues for this case.

Continue reading "LAPD Detective Charged With Grand Theft After Drug Investigation" »

California law, all theft crimes, including embezzlement, larceny, and stealing, fall under the broader category of theft, which is split into two categories: petty theft and grand theft. Depending on the monetary value of the crime and the circumstances surrounding it, these crimes can be subject to different punishments.

The division between grand and petty theft is due to the monetary value of what has been willfully and illegally taken. According to California Penal Code Section 487 (a), grand theft occurs "when the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars." Grand theft has several other applications and can include instances when someone steals or otherwise illegally takes farm or aquacultural products, crops, and animals that are valued over $250, according to Penal Code 487 (1) (a) and 487 (2).

Grand theft of real estate is also subject to a lower division line, as "Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty of another" and illegally takes that property has committed grand theft under California Penal Code Section 487b.

When a theft does not meet the criteria of grand theft, it is deemed as petty theft. In California, petty theft is punishable under Penal Code Section 490 by a $1,000 fine, six months in county jail, or both. Most instances of petty theft come about in the form of shoplifting. Grand theft, however, is punished by a maximum of one year in county jail or state prison for 16 months, 2 years or 3 years. When grand theft involves theft of a firearm, the subject can be can also be punished by 16 months, 2 years, or 3 years of imprisonment and the charge would fall under California's Three Strikes Law. Under this law, if a person is convicted of three strike crimes in the state of California, they can receive a sentence of 25 years to life in prison.

Both petty and grand theft charges can result in serious punishments and lasting consequences. The Pasadena theft defense attorneys at The Law Offices of Daniel Kann can help if you or a loved one is facing theft charges in Southern California. Call us today for a complimentary consultation on your case at (626) 376-9218.