Legal Question in Criminal Law in California

Re: Petty Theft Misdemeanor -- Stole $5 of food

The police and DA didn't spend the all time and effort to review and file charges only to 'drop' them. With a clean record, your attorney may be able to get a 'deal' for you with no jail time, and the possibility of dismissal of charges after a period of probation time. If this is in SoCal courts, and you're serious about getting such help, feel free to contact me.

Re: Petty Theft Misdemeanor -- Stole $5 of food

Do NOT plead guilty or no contest to this charge on these facts. It will ruin your future and is not warranted on the facts you laid out. See if a P.D. Can get a dismissal for you. Its possible so don't settle for less. I wish you well. David Wallin

Re: Petty Theft Misdemeanor -- Stole $5 of food

You need to talk to a lawyer to see whether they can prove their case. If not, you get a dismissal and you've learned your lesson. If you have no defense, a civil compromise may be your best bet. Under this procedure, you make an agreement with the store manager to pay whatever he wants to cover the item and his security staff's time, and he agrees in writing to drop the case. Then the Judge can do so.

This kind of disposition is best done through a third party: your attorney or a trusted friend or family member who can make your case to them and basically beg for mercy. Maybe offer to do 50 hours of community service of their choice in exchange for the civil compromise. That may be your best bet to keep a clean record.

If that works, you'd still have an arrest record though, which will hurt you later on in employment. If you avoid a conviction, you can contact me about a "factual innocence" petition to expunge even the arrest records. If you want to do that though, you CANNOT plead guilty to anything, even if it is later dismissed. (So called "DEJ" or "delayed entry of judgment.")

Do not plead no contest. You don't need a conviction.

For info on factual innocence and expungement, you can see these articles on my website:

http://lawyer-expungement.com/results.htm

and

http://lawyer-expungement.com/petition.htm

Brian Dinday

Re: Petty Theft Misdemeanor -- Stole $5 of food

Do not plead to any misdemeanors. This charge should either be completely dismissed through what is called a diversion (classes, etc.) or reduced to an infraction. The court will explain to you the process of qualifying for a PD. If you do not qualify, you will be given additional time in which to retain a private attorney.

Do everything you can to avoid a theft conviction which will no doubt complicate your life.

Very best,

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: Petty Theft Misdemeanor -- Stole $5 of food

Is pleading no contest the best route? No. Will you qualify for a PD? Why would you want a PD? You've messed up your life enough already. Will this be reduced to an infraction? No. Will this be dropped? No. Will you ever be able to get a job between now and age 65? I'm not optimistic. What can you do about it? Go to your mother on your knees and borrow the money for a competent defense lawyer.