Legal Question in Criminal Law in California

As a Former Deputy DA, I would try to get a diversion program, so he never has a conviction, for a crime of theft, on his record. Convictions for crimes of theft have serious ans long-term consequences. You should speak to an experienced attorney. Most offer free consultations, so you have nothing to lose. I hope that helps........David

You haven't said whether he is an adult or a minor under 18. If he is a minor, he will likely be eligible for a diversion program in juvenile court.

If he is an adult - unfortunately it's a different focus. While juvenile prosecutions are geared towards rehabilitation, an adult case has far different consequences and procedures.

His goal is to avoid a theft conviction if at all possible. There may be legal defenses or other issues that can reduce or dismiss the charges.

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. it's not too late to consult am with an attorney. If you hire a lawyer, that attorney can appear on your son's behalf in court.

I don't think Mr. Dane carefully read your post. It is clear that as a 19 year old, he is not a minor.

To answer your question, the first appearance in court is the arraignment. The arraignment is the beginning process of the criminal case. At an arraignment, the main purpose is in taking the plea. Your son could plead not guilty, guilty, no contest (called Nolo Contendre in Latin) or demurrer. A demurrer is an objection and is incredibly rare in criminal cases.

If your son pleads not guilty, it is set for a pretrial hearing. He also has the right to continue the hearing, and ask the court to appoint a public defender to represent him in the event that he cannot afford a private attorney. If he pleads guilty, he can be sentenced tomorrow, or the court can set a separate date for sentencing.

For a first time offense, he is most likely looking at a conviction, a fine, and three years of unsupervised summary probation. The conviction will remain on his record and make it hard for him to get some jobs.

His plea of either guilty or not guilty. That is all that happens as arraignment.

He can go enter a not guilty without counsel, but discuss nothing else with anyone at court, including the judge, prosecutor, bailiff, etc.

When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you or suppressed, can you be convicted, and what can you do? 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 defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. He may even be able on a first offense to avoid conviction entirely. No guarantees, but hope.

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. I�ve been doing these cases for many years.