Legal Question in Criminal Law in California

Re: Petty Theft 484

First - you wrote that you were recently convicted of petty theft. You weren't convicted - just arrested. A conviction only occurs if you enter a plea or are found guilty by a jury and sentenced. Let's try and avoid that at all costs.

Dismissals, reductions and expungements are all possibilities, depending on the facts of the case and the court where this is pending. If you look at my website (www.joedane.com) and search for "theft", you'll find articles about theft crimes and defenses.

If this is in southern California and you want to discuss it further, let's arrange a time to talk.

Re: Petty Theft 484

In court you will either plead guilty and take whatever sentencing the judge decides, based upon the guidelines, or plead not guilty and go through the process of pre-trial and trial unless you cut a 'deal' with the prosecutor. Unless you know how to effectively represent yourself in court, most people hire an attorney. If this is in SoCal, and you're serious about doing so, feel free to contact me.

Re: Petty Theft 484

In court you will either plead guilty and take whatever sentencing the judge decides, based upon the guidelines, or plead not guilty and go through the process of pre-trial and trial unless you cut a 'deal' with the prosecutor. Unless you know how to effectively represent yourself in court, most people hire an attorney. If this is in SoCal, and you're serious about doing so, feel free to contact me.

Re: Petty Theft 484

In court you will either plead guilty and take whatever sentencing the judge decides, based upon the guidelines, or plead not guilty and go through the process of pre-trial and trial unless you cut a 'deal' with the prosecutor. Unless you know how to effectively represent yourself in court, most people hire an attorney. If this is in SoCal, and you're serious about doing so, feel free to contact me.

Re: Petty Theft 484

In court you will either plead guilty and take whatever sentencing the judge decides, based upon the guidelines, or plead not guilty and go through the process of pre-trial and trial unless you cut a 'deal' with the prosecutor. Unless you know how to effectively represent yourself in court, most people hire an attorney. If this is in SoCal, and you're serious about doing so, feel free to contact me.

Re: Petty Theft 484

In court you will either plead guilty and take whatever sentencing the judge decides, based upon the guidelines, or plead not guilty and go through the process of pre-trial and trial unless you cut a 'deal' with the prosecutor. Unless you know how to effectively represent yourself in court, most people hire an attorney. If this is in SoCal, and you're serious about doing so, feel free to contact me.

Re: Petty Theft 484

Well in your question you have stated that you were recently convicted of petty theft under CPC 484 and yet, you also stated you were supposed to go to court in 2 months. So first things, first, if you have not been to court yet you have not been convicted of anything. So this is the time to hire an attorney in order to find out your options to possibly avoid a conviction.

The procedure you went through is called a "cite and release." You receive something that looks like a traffic ticket but do not let that fool you. This is a misdemeanor and it can effect your future employment.

Although you were cooperative with Law enforcement and the store detectives that is not necessarily a good thing. I know at the time it feels like the right thing to do, but it is generally not going to help you. This is another reason why you need an attorney.

When you to get your finger prints again they will probably due what is called a "book and release.", depending on the county you are in. Again, do not let this fool you, because you are being booked on a misdemeanor charge. To answer, your questions , yes you are being arrested but you are also immediately released. You will not be put in jail except for processing unless something else occurs while you are there that causes the Police to arrest you again. They could drug test you, depending on the county your in. You will not be fined at that time.

The information the Police officer gave you is probably called dej which basically stands for delayed entry of Judgment. This means, you plead no contest and the court will delay entering the judgment. You are assigned classes or community service and upon successful completion the court will dismiss the charge. However, getting an attorney will help you get this program. Expunging this is not where you want to go. 1203.4 does not make it go away. If you apply for government jobs you are required to put in down and it can disqualify you for certain positions. Do yourself a favor and go see an attorney immediately. The cost will be far less in the long run then doing this yourself. Good luck.

Re: Petty Theft 484

The earlier you obtain an attorney, the better. We have handled 100's of these types of cases and would have no problem talking to you to see if we can help. Contact us at www.wallinlaw.com. You do not want to be convicted of a 484 pc. Maybe we can help you. Contact us and we can talk. David Wallin

Re: Petty Theft 484

Do not get your legal advice from the police or from the store detectives. Even though you were cooperative, which was a huge mistake, you may yet be able to avoid a theft conviction which could render you unemployable.

If you are in LA or Orange counties, please feel free to call me. If you do hire a lawyer, be sure and do so well in advance of your court date.