Legal Question in Criminal Law in California

Re: Petty Theft ..how to plead

Before pleading - she should definitely contact any attorney as soon as possible. Please feel free to call me (310)286-1218 - JONATHAN I. KELMAN

Re: Petty Theft ..how to plead

GIVE US A CALL TO DISCUSS. Larry Wolf 310 277 1707

Re: Petty Theft ..how to plead

Do not let her plead guilty without first consulting an attorney. There are so many issues presented by your fact pattern--- far too many to cover in this brief response. But by way of example, you should know that the law holds that if a person, as part of the sentence, does any amount of jail time (including credit for time served), the following petty theft is a FELONY pursuant to PC Sec. 666. Similarly, if she'd had a prior where she did jail time, this case could be a felony, punishable by 16 months to 3 years in state prison.

Also, the fact of your wife's prescription drug use, if not a complete defense, certainly should be utilized to negotiate a reduced offense or punishment.

Also, there are other alternatives, such as the Shoplifter's Alternative course, designed to reduce recidivism.

Finally, a conviction will affect her ability to obtain employment and even a professional license, as a theft, even a petty theft, is considered a crime of "moral turpitude" which leaves a blight on her record. She is essentially branded untrustworthy. But this does not have to be her fate. It is altogether possible that an attorney can make a huge difference for her.

These and other issues should be used by your attorney to obtain the most advantageous result possible. I know she feels "guilty," but with all due respect, that is a legal conclusion that has little to do with how we perceive our actions. You need an attorney to determine what ADMISSIBLE evidence exists against your wife, and then determine the best course of action to take, based on that assessment. An attorney may well be able to perserve her record for the future, and help her avoid needless punishment now.

Contact me if you need further assistance; my telephone consultations and in-person consults are free. (800)515-0233, or [email protected].

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law