Ahhh. That makes more sense. So yes, the judge can decide whether he thinks the D.A.'s evidence calls for sending the case to trial or not, or whether they will plea it down (as given in my above post).

Hopefully, they will take it to a jury, and the jury will see how stealing really is a crime, no matter whether it's done via craig's list, ebay, a bricks & mortar store, or anywhere else. Do the crime, do the time (let's keep hoping)!

I see your pre-trial is tomorrow morning -- good luck, and good for you for taking her to court.

Originally Posted by tutushopper

Ahhh. That makes more sense. So yes, the judge can decide whether he thinks the D.A.'s evidence calls for sending the case to trial or not, or whether they will plea it down (as given in my above post). Hopefully, they will take it to a jury, and the jury will see how stealing really is a crime, no matter whether it's done via craig's list, ebay, a bricks & mortar store, or anywhere else. Do the crime, do the time (let's keep hoping)!

Yeah buying second hand should be this scary hahahaha

Originally Posted by liljake

I see your pre-trial is tomorrow morning -- good luck, and good for you for taking her to court.

Thanks! Keeping my figures crossed I'll be updating every step of the way

Dear OP,
Thanks for giving us the update.
Hope all will be well for the Court Date--and Justice will be (or start to be) served up in this situation.
Let us please know how Friday morning went when you get the time, okay.

We will be thinking of you when your court time comes around in about 6 hours or so! Hang in there, OP!

Good luck and go get 'em!!!

So right now were waiting my mom says they took a file with my evidence to the back room?
Does anyone know what that means? My mom
Keeps saying theyre going to drop my case :(

Originally Posted by jp23

So right now were waiting my mom says they took a file with my evidence to the back room? Does anyone know what that means? My mom Keeps saying theyre going to drop my case :(

They may be discussing a plea.

Goodluck!! Hopefully they do not drop the case!

She pleaded guilty wasn't ordered restitution I'm taking her to small claims court

Originally Posted by jp23

She pleaded guilty wasn't ordered restitution I'm taking her to small claims court

That sounds good. Although she wasn't ordered to pay restitution, you won't have trouble getting a judgment in small claims court because she has basically already admitted to doing it. You just need to prove the amount she owes you.

Good luck in small claims! Keep your head up.

Originally Posted by saira1214

That sounds good. Although she wasn't ordered to pay restitution, you won't have trouble getting a judgment in small claims court because she has basically already admitted to doing it. You just need to prove the amount she owes you.

Yup...just a PITA!
Hopefully she'll rethink her position and pay you...I believe you've got her by her "you know whats"!!!

Originally Posted by jp23

She pleaded guilty wasn't ordered restitution I'm taking her to small claims court

So did she get jail time or probation or anything else? Make sure you have a copy of that judgement and all minute orders from the proceedings to take to small claims court. You don't need an attorney, can bring witnesses (your boyfriend or such), and as much paperwork as you need. You just go down to the courthouse, file some paperwork, have her served, and wait for your day in court.

Winning will be a slam-dunk. You will then need to get the $ from her. Find out all you can about her, what she owns (any property, car, etc.), her job (for filing liens) and get those forms in advance, since you will likely need them. But initially, just file the small claims paperwork. You can file for up to $7500 in small claims court in California.