Legal Question in Criminal Law in California

There a few possibilities. As you have prior theft convictions, if you did even 1 day of custody, this new case would be called "Petty with a Prior.". That could be filed as a FELONY, and you could be facing the possibility of considerable jail time and even the possibility of State Prison. Many more facts would have to told to me, so I could thouroughly understand ALL the facts, and then I could give you a much more precise answer. If you desire, at NO COST, call me at 661-267-1313 anytime and I will be more than happy to have a telephone consultatioin to help you understand everything you need to. As a FORMER Deputy District Attorney and a Certified Criminal Law Specialist, I'm sure I can address all your concerns. I look forward top helping you..........David Wallin

With all due respect, the prior answer is WRONG. It used to be that if you had a prior theft conviction, a second case could be filed as a felony. That law was changed and it now takes THREE prior convictions for the fourth to be a potential felony. second, with the new sentencing laws, you would NOT face state prison, even I'd this was filed as a felony. It is not a qualifying prison offense.

Having said that, the DA will always know about your priors and will treat your third theft misdemeanor more seriously. You could be looking at jail time. It depends on the facts, the circumstances surrounding your prior convictions and what they can prove against you.

You need a good lawyer. One that practices routinely in the court where your case will be heard... And who knows the law.