Legal Question in Criminal Law in California

Petty Theft + Military

I got a misdemeanor for theft of $27 worth of shirts on Dec. 23, 2007. I planned on joining the military in January. But since my court date is set for March 7, 2008 I can't. The judge will most likely put me on three years probation and you can't join on probation. A little birdie though told me, to join the military not telling them of this offense. Then when I get back from basic training, explain to the court that I was in basic and that's why I missed it. 'Cause if I get put on probation while I'm in, I guess it's okay. But, wont the court be like, oh you knew you had this court date, you lied when they asked you if you had any pending misdemeanors? This person is telling me I will be fine, nothing will go wrong, as long as I tell them why I missed it. I really want to know, is that going to get me in trouble if I go through with it?


Asked on 1/06/08, 12:11 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Petty Theft + Military

You aren't convicted or on probation until ordered by the judge. You probably can join up without lying, then have an attorney make your appearance date and request a continuance. Feel free to contact me if serious about getting that legal help, if the case is in SoCal courts.

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Answered on 1/07/08, 2:19 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Petty Theft + Military

Don't miss the court date. Hire an attorney, who can represent you without your presence, and have that attorney request a continuance because you are in boot camp. The judge will grant the continuance. Then you won't have a warrant out for your arrest.

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Answered on 1/06/08, 5:22 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Petty Theft + Military

A petty theft under $50 can be reduced to an infraction. In some courts there may also be petty theft diversion program. Retain an attorney and the attorney can make all court appearances for you. You may not have to make any appearances to get this matter resolved.

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Answered on 1/10/08, 2:08 pm


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