Legal Question in Criminal Law in California

I would recommend hiring an attorney to negotiate with the DA for a deferred entry of judgment/dismissal. The judge does not have the power to offer you this type of deal, only the DA. Depending on your prior record, or lack thereof, you could possibly avoid a conviction. I offer a free phone consultation if you are interested.

http://orangecounty.criminallaw.com

I agree with Ms. Kenney. The language you quote says it is up to the prosecutor whether to charge you with an infraction. The judge doesn't get to overrule her decision. But a lawyer may be able to negotiate the misdemeanor down to an infraction. You could try negotiating on your own, but it is unlikely that you would succeed -- and it is very likely you would manage to make things worse for yourself instead of better.

Good luck.

Although the law says theft of under $50 *can* be an infraction, in my experience in Orange County, the prosecutor will file the misdemeanor theft charge, even in low dollar amount cases.

Rather than shoot for a reduction to an infraction, your goal should be to avoid a conviction at any level if at all possible. There may be legal, factual or other defenses available.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

While the prosecutors CAN charge such things as an infraction, that is far different than you thinking they MUST. The courts are in the business of raising revenue. Infraction charges are a waste of the court's time, whereas misdemeanor charges would result in higher fines plus leverage on you to plea bargain to avoid or reduce jail time.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.