Q: Can i argue to not include the sales tax in a grand theft case?
I was charged with grand theft last year because the items were rung up as being over $950, $956 to be exact. Having the sales tax included in the total makes my case a felony instead of a misdemeanor. The deal i was given does not fit my crime. But instead if looking at what happened, all the court is worried about is the fact that it was over $950. Please help!
A: Generally sales tax is NOT included in determining the loss just as "sale" prices don't apply. They both only apply to actual "purchases" not theft.
I find it hard to believe the DA included tax and your lawyer should make a Motion to Reduce to a Misdemeanor at the Preliminary Hearing.
A: more info needed.
you can always argue anything.............in this case i think your argument would be persuasive as tax is usually not included.
i suspect your prior record, if any, will be a factor.
your lawyer should be the one answering this question as s/he has all the facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.