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Law Office of Gary M. Polston

Commercial Burglary

In Uncategorized on December 17, 2009 at 3:00 pm

There has been a lot of confusion from people who are charged with stealing relatively small items from a store (for example, a candy bar) regarding the potential consequences they are facing.   This confusion centers around why they are facing jail and how it is justified.

The District Attorney has several options when deciding how to charge a particular case.  With regards to the typical shoplifting case, regardless of the value of the item taken, the D.A. can usually charge the crime as a Commercial Burglary (a felony), as well as Conspiracy to Commit Burglary (also a felony).   A conviction on either of these charges can result in serious jail time.

Please beware of the true potential of any given crime before going to Court.  I have spoken to too many people, after the fact, who thought that they would only get a slap on the wrist, only to find out how serious the situation was.

Alcoholics Anonymous

In Questions & Answers on December 4, 2009 at 12:43 pm

Q: Can a Judge order you to attend AA meetings if you feel they are against your religious beliefs (or lack of)?

A: Alcoholics Anonymous is a Christian based organization, which could be viewed as a conflict of the Separation of Church and State.  However, most Judges routinely order AA as part of a DUI conviction.  If this is a problem for one of my clients, which is has been in the past, I’ve requested a secular alcohol program be ordered instead.  So far, this request has always been granted.

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