Legal Question in Criminal Law in California

I was given a citation for shoplifting in Madera, CA yesterday. The officer released me after citing me for "488 Shoplifting" and told me to appear in court on August 16th at 8:30am. I was convicted of misdemeanor petty larceny in Virginia Beach, VA in February of 2011, and received a suspended sentence of 12 months in jail, under the condition of good behavior for two years. Can I be sent back to Virginia to serve out the 12 month sentence even though my second offense occurred in California? The Co-defendant in my first case had a record in California and it popped up in Virginia's system in 2011. Will my record in Virginia show up in California's system this time? Can they send me back to Virginia to serve the suspended sentence even though my second offense happened in California? If not, then will my record in Virginia affect my sentencing here in California??


Asked on 7/06/12, 12:53 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The California authorities will find out about your Virginia conviction, and it will affect your sentence here if you are convicted. (Petty theft with a prior is a felony in California even where the same theft without the prior would have been a misdemeanor.)

Presumably the Virginia authorities will find out about your California case when they look into whether you had two years of good behavior. They might find out about it sooner. You will need to ask a Virginia lawyer how this would affect you.

California won't send you back to Virgina on its own, but it will cooperate if Virgina decides to bring you back. Here again, you should ask a Virginia lawyer how likely that is.

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Answered on 7/06/12, 1:12 pm


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