Legal Question in Criminal Law in California

I was caught shoplifting at "Store" with the value adding up to $500. This was my second offense for theft. The first was a petty theft misdemeanor in 2004, which I plead no contest and was given a fine of $625 and 3 years of probation. From that time I have not done anything criminally to tarnish my record further. Until last week when I was arrested for grand theft. I was let out on bail for 10000, and had spent about 5 hours in jail. I want to know what my chances are of actually going to jail. I understand what the possibilities are of grand theft in California. Up to one year in jail or 16 months in state prison a fine of 1000 etc. But considering the time lapse in which I was first prosecuted and now, has been some great deal of time. What is the possibility of jail time and this being a felony? I am hoping for a large fine and years of probation or diversion of some sort and thats were I am unsure of my chances. I know the reasoning doesn't matter to a judge, so I won't go into detail. I also realize that the State of California is in need of money and has a problem with the prison population being double it's size and in serious need of cutting it's inmate count. I also signed up for an online anti-shoplifting course. I am unsure of what is to come, but I know I need some advice. What I have done is done. But I believe I have taken steps that prove to a judge and to the community that what I have done is wrong and that this does matter to crime does matter to me.

Any assistance is greatly appreciated

Thank you,

x


Asked on 8/07/09, 11:41 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

First 5 years is generally not considered to be a long period of time between offenses. You have a much more serious problem than you appreciate. A jail sentence is very probable. A second theft offense is not considered an oops. With a good defense attorney you may be able to avoid jail. The attitude of the local courts is also a factor.

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Answered on 8/08/09, 12:24 am


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