Until a trial, can a prosecutor continue to just make up charges to put me in jail until I am proven innocent?

Question

I was fired for internal theft where I worked. I was arrested for Grand Theft and the detective that I spoke to told me that if I didn't cooperate, he would come up with more charges. I refused to answer any questions without legal counsel and was booked.

A few weeks later, I got a little yellow card in the mail and when I called the Warrants Division, they told me I was being charged with Petty Theft. Just before my arraignment, my attorney had that Petty Theft charge dropped. Today (the day after my arraignment), I found out that there's a new charge for Larceny and that I have an active warrant out for my arrest.

I'm confused about what Larceny really means, I am wondering how many more "charges" they can just come up with, and how much longer they will harrass me. I'd like to know what the state has to gain from all of this and how far they're willing to go (trial?). If anyone has had a similar situation or if you know how this works, I'd like to hear about it.

Answer 1

They're bored, there really isn't any other explanation.

Larceny is the taking away of another's property with the intention of permanently depriving them of it.

They are bringing the same charges against you over and over. You need a judgement for you in order for those charges to stop.

Answer 2

Petty Theft, Grand Theft and Larceny (at least in my state) all refer to the basically the same crime..."stealing" but differ because of the value of the goods/service stolen.

It is not uncommon for charges to be changed or added to, either when the case goes to a detective or to the DA's office. This is the result of more information being obtained etc.

As for "what the state has to gain"...the goal of the PD and the DA is to pursue justice. Obviously if you are innocent it will feel like a witch hunt.

And as for how far are they willing to go...a trial isn't out of the question if a plea deal cannot be agreed upon or if new evidence is obtained that exonerates you.

Finally, I have zero idea whether you are guilty or innocent of the charges..but in order for a warrant to be issued for your arrest, there is probable cause. This means that there has been some sort of evidence (from your employers?) provided to the PD that shows there is a case to answer...again it doesn't mean that you are guilty, but it also doesn't mean that everyone is just picking on you 'cos they are bored.

Good luck either way.

Answer 3

Larceny, petty theft, and grand theft, are basically the same crime, but to different degrees. Basically, larceny IS theft.

Usually there are only two: petite / petty larceny, and grand larceny. However, you'll have to talk to your lawyer and check your own state's laws. There can be multiple versions.

The degree of difference is rather arbitrary. New York, for example, defines it as "if from a person, $4.99 or less is petty, $5.00 or more is grand. If not from a person, $199.99 or less is petty, $200 or more is grand." Your state may have slightly different definitions.

It *sounds* like what happened is the prosecutor and police originally held you for grand larceny (i.e. grand theft) but ended up charging you with the lessor "petty theft" or petit larceny. Your attorney got that dismissed. However, it sounds like the prosecutor decided that he has enough evidence to hold you for the more serious "grand larceny" after all. So there's a warrant out for you.

Call your attorney and arrange to surrender to a police station ASAP to clear up the warrant. Your attorney should be able to post bail for you almost immediately (it's mostly paperwork).

How far the State can go depends on what evidence they have available, and only your lawyer would know (with your permission, of course). If they don't have much, they'll bluster a bit to scare you into a plea deal. Your attorney will deal (with your permission, again) and you got the final say on that.

I doubt they can come up with any more charges for you, unless they have evidence that you have committed multiple acts.

Ask your lawyer if "double jeopardy" applies to you. Doubt it does but it doesn't hurt to ask.

Answer 4

You bet they can! As the investigation is considered on going even during trail as new evidence and witnesses can always be presented. Timely release of discovery may be an issue for the defendant. However  it happens all the time.

Added:

AT ARRAIGNMENT 1ST COURT APPEARANCE ENTER A PLEA OF ~ NOT GUILTY ~ ASK FOR A PUBLIC DEFENDER, THE PD WILL WORK OUT A PLEA DEAL FOR YOU A FINE, DIFFERED JUDGMENT.

A charge such as stealing could have long lasting effects on ones career path. No body wants to hire a thief nor will they give you a chance to explain. You should speak with a lawyer that is a certified criminal specialist. Check your state BAR website. At least get the free consultation.

A differed judgment would allow you to plea to a lesser charge or even have it dismissed if you complete all the conditions as required by the court.

Continue to research and ask questions. See several lawyers even if you plan on going with a public defender (also if time allows get the police report before you see a lawyer). Get the FREE consultation - if they charge for the consultation pass.

Again do not enter a guilty plea at arraignment, as you will not know what the sentence will be until you enter the plea of guilty.  At arraigment always plead NOT GUILTY!

Have your PD or private lawyer work a plea deal for you that way, you will know what the sentence will be before you enter your plea.

Best of Luck!

Answer 5

If the investigation is on going and other crimes are discovered, yes they can continue to file more charges. I would suggest the obvious. Stop stealing you don't have to worry about this stuff.

Answer 6

Its not just the state that is the issue here but who ever you stole from, You know when you break the law you really are not in a position to say what is right and wrong and what should and should not be....At the detectives obtain more information from your victims, they enter new charges on new information/evidence. I'm sure your victim(s) would disagree that you are being harassed. But of course I should not assume you are guilty maybe a victim of the system Huh?

Answer 7

You should really have spoken to your attorney about this, and not depend on YA.

Answer 8

Until the charges are dismissed "WITH PREJUDICE" they can keep coming back to haunt you.

Answer 9

Well, they just can't "make up charges", but each crime has a statute of limitations (or the time that the prosecuting attorney is allowed to have to file a criminal charge--usually a year on misdemeanor and three on most felonies).  

Larceny is the same thing as stealing, only a more serious classification of the same thing.  

The State doesn't really "gain" anything financially.    The police might be getting pressure from your employer to charge you with  a more serious crime than petty theft.         You'll probably be put on probation and be ordered to pay back the money you stole plus court costs and a possible fine.       The State will go to trial, they really don't care--they get paid the same whether or not they win or lose.  

Good luck!  Get a good lawyer.   Be sure to get up some money to post your bond because you'll probably get arrested.    I'd have money ready, someone to call, and line up a bondsman if possible.