Legal Question in Criminal Law in California

I was just arrested for a petty theft under $130. I am currently on informal probation for a wet and reckless that I was charged with in 03/2013. My emotional and psychological conditions have taken a toll on my life for the last two years. Yesterday I was arrested about 1.5 hours after leaving my appointment seeing my psychiatrist yesterday. Last year I was diagnosed with borderline personality disorder and it finally confirmed my severe issues with impulse. I also have severe recurrent manic depression, ADHD, anxiety, bipolar disorder and PTSD. In was also born with Treacher Collins Syndrome and have had 15 plastic surgeries reconstructing my face deformity. I am going through the process of SSI disability and haven't worked since 2012.

I felt abnormally stressed out after leaving my psychiatrists office yesterday and for some reason I drove to the pharmacy to fill my prescriptions. I had a 45 minute wait so I decided to get my nails done and pulled into the parking lot and while walking to the nail salon I made a split decision to go to JcPenny instead next door and was caught for petty theft. While at JcPenny I had a severe panic attack and the paramedics came; I couldn't remember the day of the week it was and was accused of being fake by one of the paramedics because I had almost like a black out moment. I did not engage in the theft for financial reasons whatsoever but only impulse and the feeling of "thrill". Previous actions of my theft history have never been reported and are minor they have only occurred within retail stores but I do not have any other than my wet reckless/informal probation. But even in my previous wet reckless case I was not appropriately treated and I was overwhelmingly manhandled by the police and there was issues of validity in my BAC levels because the numbers were reported on two separate documents, one being 0.01 and the other 0.10 which brought up the question of validity of dyslexia. I was also tested 3 hours after my arrest. I have all the reports on hand as well. I signed a plea bargain agreeing to 3 years informal probation, first offender DUI courses and $2000 fines reducing the DUI to a wet and reckless.

I take/took full ownership of my mistake yesterday but did not provide details and I did tell the security officer that in want my attorney but I signed a document and did speak to the officer, admitting guilt but no details. I have arranged to begin intense case management group/individual therapy with my psychiatrist that was recently reinstated after my 7 month medical coverage loss. I have been off my medications since December and I was terminated from my Kaiser Medical because my step father abruptly and for no reasoning removed me off his retirement medical plan which I only had because of my physical and mental disability. Because of my step fathers deceit I have barely left my home the last 7 months. I barely sleep and have went from a straight (A) student and a successful career driven woman to a complete failure especially most recently failing my first class despite my GPA has always averaged at 3.8. I sleep everyday until 4PM, however my sleep patterns change and some days I don't sleep at all.

I have positive and vast work experience in the legal field as well as my AA, BA and I am currently working on a second masters degree in criminology, forensic psychology and criminal justice. I am terrified of losing chances to ever have a career again, now I have lost everything.

I have never been arrested other than the wet reckless charge in 2013. While I have had issues taking small items before and I did discuss such with my therapists and psychiatrist previously throughout the several last years. But I lacked understanding of my impulsive behavior in general specifically with my numerous damaged relationships, until I was given an official diagnosis of borderline personality disorder whereas I was informed that impulse is a significant trait of the disorder itself. I had an emotional breakdown in 2012 and was hospitalized in an psychiatric facility; I have been hospitalized in psychiatric facilities 4+ times within my life. I have malformed ears as apart of my physical disability and am declared legally deaf without the utilization of my hearing aid.

I wasn't taken to the sheriff station yesterday and I was immediately released from the store on good faith by the officer. While I do leave Wednesday to Florida for two weeks due to a family emergency, I did contact my psychiatrist via email asking for a detailed report from what he and other mental health professionals have documented about my mental health, in have records on hand going back from 1990.

Yesterday I told my psychiatrist that I didn't want to start anti depressants (against his advice) because they cause me severe stomach issues but I just emailed him today changing my mind and requesting to be placed back on medication in efforts to become stabilized. While I am embarrassed, I do take full ownership, but more than anything I need help. The attorney that previously represented me stated that my wet reckless wouldn't deter employment opportunities but actions of theft reveal the moral character. I am terrified after making a recovery from my illnesses that I have lost all chances of a career. Please help me.

Nonetheless, from what I understand if I engage in theft discernment courses/treatment and file for a pre-trial discernment I may be able to be afforded with leniency. I am terrified of the prior penal code 666 law and I am unsure if it applies. I never wish to make this mistake again; I need help to get my life straight. Please help me.


Asked on 7/10/14, 7:11 am

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

I am so sorry for all the issues you have been suffering. As a Former Deputy District Attorney and a Certified Criminal Law Specialist, my firm has handled many cases like yours. An experienced law firm will try to establish that this incident was triggered by psychological triggers, and then attempt to get the charges dropped or reduced, and try to convince the judge that there should be given NO JAIL on the probation violation. These cases take anywhere from 2 months to 5 months to accomplish the best possible outcome. I wish you well, and if you desire to go your case with me personally, you may contact me at one of my offices....Sincerely......David Wallin.....661-267-1313

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Answered on 7/10/14, 7:26 am
Terry A. Nelson Nelson & Lawless

A similar question was posted on a different question site, possibly you.

Your new charge would constitute a probation violation and a 'prior' for the new proceedings.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right.

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.

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. You list numerous claims relevant for sympathy in any current charge. I�ve been doing these cases for many years.

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Answered on 7/12/14, 11:41 am


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