Legal Question in Criminal Law in California

Are you on probation for a misdemeanor or felony embezzlement conviction? If it is a felony, you could be sent to prison for three years based on a probation violation, not counting any time for the current petty theft. The District Attorney has a lower burden of proof to prove a probation violation than to get a conviction, so they might not even pursue the new charges.

You can be charged with a felony for petty theft with a prior conviction if you served any jail time in the embezzlement conviction. (Infractions cannot be punished by incarceration, so that conviction shouldn't qualify.) Even if you did not actually serve time in the embezzlement case, judges will often order people to do a "book and release" after being convicted of a theft case, or order them to serve a day in jail, with credit for time spent in a holding cell after their arrest. Even these brief stays in jail can count as a day in jail, which qualifies the conviction as a prior that can elevate a petty theft to a felony.

Judges and District Attorneys do not look kindly on thieves who continue to steal after getting a couple of chances. If you hired me in a case like this, I would schedule an immediate psychological evaluation. The results might help in negotiations with the DA and could also help you figure out why you are sabotaging your life this way.

If you can't afford to hire an attorney, ask the judge to appoint the public defender to represent you.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.