Legal Question in Criminal Law in California

I was mailed a letter from the district attorneys office last week letting me know that a complaint has been filed against me, and that they are charging me with pc459 misd-(b) (4) burglary, and pc484 misdemeanor petty theft.

are those both going to be misdeameanors?

also it says to report to the clerks office at the court house 7:30 am and that it will be necessary for me to submit to the booking process at that time unless it has already been accomplished.

I was never arrested or booked for thses charges, so does that mean tomorrow they will arrest me and book me and i will go to jail until my court hearing unless i have someone bail me out?


Asked on 10/18/10, 12:29 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, you are going to be 'arrested' and booked. Whether you are released OR or jailed until bailed out is unknown. Exercise your 5th Amendment rights to SHUT UP and hire an attorney immediately. You are being charged with two crimes that each carry up to 6-12 months jail. If serious about getting legal counsel, feel free to contact me.

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Answered on 10/24/10, 2:52 pm
Anthony Roach Law Office of Anthony A. Roach

Your reference to Penal Code section 459 is confusing, because there is no subdivision (b)(4) in that statute. I can't tell from your post whether you are being charged with first degree burglary or second degree burglary. First degree burglary is a felony, and second degree is a "wobbler" meaning it can be charged as either a felony or a misdemeanor.

If you're being charged with first degree burglary, you face a possible sentence of state prison for two, four or six years.

Petty theft is usually a misdemeanor, unless it is a petty with a prior, in which case it is a felony.

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Answered on 10/25/10, 9:06 am


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