Legal Question in Criminal Law in California

Re: felony theft

What you tell the judge is that you need a lawyer. If you can afford to hire one, do so before your court date. If you can't, ask the judge to appoint a lawyer for you. Do not try to defend yourself. Even in a misdemeanor case you would need counsel. There is much more at stake in a felony case.

Re: felony theft

Do not say anything to the judge.

Theft charges are very serious and you should get a private lawyer and fight the charges if you possibly can. This is especially true if the crime is charged as a felony, which could well happen if, as you say, the value of the merchandise is over $400. A felony conviction could result in a state prison sentence, among other things.

Having a criminal record for theft can result in your being ineligible to be employed, possibly forever.

You would be well advised to hire an attorney well in advance of your court date in order to avoid as many of these adverse consequences as possible.

Depending on the charges, if you have a private attorney you might not ever have to go to court.

Re: felony theft

"chances of having record expunged?" Pretty good, once you've been convicted or pled guilty, and served all terms of sentencing and probation. That's when expungment can be done.

Chance of 'getting off' of the charges on that excuse? Slim.

"what do I tell judge?" As long as you're pro per, whatever the truth is. But, you're not going to get to tell that excuse to the judge unless you go to trial, risking conviction and sentencing under the 'determinate sentencing' guidelines if you lose. You'll get to tell it to the prosecutor at Pre-Trial conference, but don't count on getting too far with it; it doesn't provide a valid legal defense to the charges; maybe enough sympathy to get a decent plea bargain if it was presented with a straight face by counsel. Without counsel, you've demonstrated no seriousness, and it's cost you nothing YET.

Hire an attorney or request the Public Defender. If the case is in SoCAL, and if you're serious about hiring counsel, feel free to contact me.

Re: felony theft

You should not tell the judge anything, at least not initially. You need to be represented by a lawyer. If you cannot afford a private one, a public defender will be assigned to your case. Only your own lawyer who is familiar with your case can advise you of your options and what you are facing.

Perhaps your case can be beaten. If not, your chances for probation, which might include some county jail time, are excellent. Your taking xanax might be a mitigating factor.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com