Legal Question in Criminal Law in California

I was charged with 490.5pc and i already have a record dating back 1997, 2002, 2008. It was some cheese and baby lotion totaling $16.00. Will I go to jail?


Asked on 10/27/09, 10:35 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Is that what you were charged with through the court system or what's on the citation you got when you were arrested & released in the field? If it's the charge in court, then it's an infraction and there is no possibility of jail time.

You don't specify what your record is, but if it involves theft related crimes, odds are the DA will not file the infraction 490.5, but instead file either a misdemeanor theft with a prior (Penal Code section 666). That code section can be either a felony or a misdemeanor, but unless your record is horrible, I would think they'd file such a low dollar amount as a misdemeanor.

Of course, if you're on probation or parole, all of this could change.

The bottom line? You have a record. Depending on what it is, they could go after you hard. You should discuss your options with a criminal defense attorney in your area in an in-person consultation.

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Answered on 11/01/09, 7:04 pm
Scott Linden Scott H. Linden, Esq.

I concur, this depends on your prior criminal record and what the offenses were for. Although this is a small amount, priors, probation or parole can change the charges, as co-counsel has already explained.

The end result is that it is up to the prosecutor (and it sounds like it will be a City Attorney and not a District Attorney, but this depends on your priors and status of those cases) and the final decision is left to the Judge.

Consult a criminal defense attorney in your area to review the facts with you in better detail!

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at ImInnocent.com

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Answered on 11/02/09, 2:41 pm


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