Legal Question in Criminal Law in California

Re: Misdeameanor for Petty Theft

Thank you for your posting.

I think I can answer your questions as follows:

Q. What should i expect?

A. At your arraignment, the court typically only wants you to be advised of your rights, including your right to have an attorney, and then will ask you if you want to plead guilty or not guilty. You will be given time, usually, to get an attorney or at least meet with one, if you are interested in hiring counsel. Remember that the judge doesn't have the power to reduce or dismiss charges, since he or she is not the one prosecuting you.

Q. What are common sentences for petty theft?

A. The answer to this really depends on a number of factors you didn't mention, including which judge is sentencing you, and which court your case is out of, as well as the facts of your particular case. Generally, the minimum is probation and a fine, and the maximum includes six months jail and a fine and assessments that can be over $2,000.

Q. do i have to spend any prison time?

A. In all reality, probably not at all. As mentioned, the maximum does include jail time, but it is extremely rare for first time offenders to do jail time. During probation, however, jail is hanging above your head, and a violation of probation can cause you to go to jail, potentially.

Q. do you have any advice on what i should say to ease the sentence?

A. The best thing you can do is have an attorney speak for you. If you are able to negotiate a plea to a lesser offense through the prosecutor, that may be your best best to reduce the potential sentence, but that requires a skilled attorney who knows what they are doing.

Q. Does petty theft stay on my permanent record forever? Yes, if you do nothing. If you complete probation and apply to have the case removed, or "expunged" from your record, it can be cleared in the future as part of the expungement process.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Misdeameanor for Petty Theft

You should either retain an attorney or request that the court appoint an attorney to represent you. The sentence will depend upon the county in which the offense occurred. In most counties the sentence for a first offense petty theft is a fine. This conviction will stay on your record for the rrst of your life.

Re: Misdeameanor for Petty Theft

IF you have no money, you may be able to get a public defender. IF you want to hire a private attorney, contact me. You can expect a low level misdemeanor like this to result in a fine and probation, not likely jail. After a year from being sentenced, if you have no further troubles, contact me to discuss getting your conviction expunged so you don't have to disclose it on job applications/etc.