Legal Question in Criminal Law in California

Re: 459 pc

Where you charged with a felony? These can be very serious charges, which could result in jal time. You need to hire an attorney to discuss your options.

http://www.rpmcclurelaw.com/

Re: 459 pc

PC 459 is burglary, in essence you are charged with entering the store with the intent to steal.

These are very serious charges, and you used poor judgment in "cooperating."

You get what you pay for in this world. If you claim you are too poor to afford a lawyer, you will get the public defender who will insist that you plead guilty.

In your case you might possibly be able to avoid jail time if you are defended by a lawyer who gives a damn whether or not you do time and/or have a stigmatizing criminal record for theft, and in my opinion the public defender is not going to be such a person. Probably the public defender won't even speak to you except to tell you to plead guilty.

A record of a theft conviction will keep you from getting any worthwhile job, ever. If I were you, I would borrow the money from relatives or do whatever you have to do to get the money to hire a private lawyer. Hire your lawyer far enough in advance of your court date so that the lawyer can be there with you at your FIRST court appearance.

Please feel free to call my office if you wish to discuss this matter further without charge.

Re: 459 pc

Yes you need a lawyer..yesterday...someone familiar with the local Court usually is best...The DA will decide whether to file a misd. or felony...Your attorney can work before filing to try to keep it down. Fine/fees depend on how the case is resolved...jail also is up in the air and depends on whether the case is a misd. or felony...Best. DJM

Re: 459 pc

This can go in several different ways. The case could be charged as misdemeanor petty theft or felony burglary or felony grand theft. You have a lot at stake, first of all in terms of keeping your record as clean as possible and perhaps keeping you out of jail as well.

This case is screaming for what I would call an early intervention by a skilled, diplomatic and effective attorney to get hold of the DA before charges are filed in order to "work" the case asap. Maybe the charges would not be dismissed, but convincing the DA to file misdemeanor only charge or charges would mean a huge break for you, both financially and in terms of final resolution of your case. A lot more can be done and negotiated if a misdemeanor is the starting point, not to mention the fact that as defendant you do not have to make personal court appearances in misdemeanor cases.

The problems with public defenders is that they will not put in the time to really work on your case. Also, you will not get one until your first date in court which in my view might be too late to do what needs to be done.

Feel free to contact me for additional consultation if you are looking for an attorney in Southern California. This is a case where a lot can be accomplished if you get the right kind of help early.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: 459 pc

You will definitely benefit by hiring a private defense attorney. Even though your prior was expunged, the prosecution still sees it and it is a factor in plea negotiations. Eighty percent of my female clients come in with the same charge. You will also have a burglary count on the complaint which I can easily deal with. It would be my pleasure to handle your case.

Law Office of Allen Farshi

Allen Farshi, Esq.

818.379.1777

http://www.casedismissed.us