Legal Question in Criminal Law in California

Re: Petty theft -first offence

Go to the courthouse at 8:00 AM SHARP and tell the clerk you want your case "advanced."

Re: Petty theft -first offence

I don't believe you can get a public defender before your first court date. You might give them a call and try. Perhaps you are in a courthouse where they are not terribly busy and will help you ahead of time.

You should not get jail time if this is your first and only offense. However, if I were in your position I would not simply plead out to a misdemeanor petty theft. This is a kind of offense which could jeopardize your immigration status even if you have a green card. I would do everything I can to either plead it down to an infraction (which is not a crime from an immigration point of view) or bargain for some kind of diversion/complete dismissal in exchange for doing some classes or community service.

Many courts have special programs for first time petty theft offenders which result in no convictions.

Tell the public defender about the immigration aspect of your case, perhaps they could resolve the case along the lines I suggested on the first court date. Alternatively, I would get another court date for after you have back to the U.S. (they could give you a couple of months perhaps) to deal with your case properly rather than simply pleading out because you are in a rush to leave the country now.

If you get convicted and then come back to the country you might have problems getting back. It is much better to have an open unresolved case without a conviction when you re-enter.

I don't think you should have a problem leaving the country, whether you are on bail or on OR status given the minor nature of your offense, but check with the public defender first. Make sure he/she is fully aware of your situation.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com