Legal Question in Criminal Law in California

Re: Petty Theft

None of your questions can be answered by anyone other than his attorney, after reviewing the complaint and charges against him, and his rap sheet, just like the DA and the judge are going to do. Then it's up to the judge to determine whether to allow bail on this case, and on the Probation Violation charges, and how much. He is facing jail time on both charges, although probably not a lot. Get him an attorney, rather than spend that money on bail. If this is in SoCal courts, and you're serious about doing so, feel free to contact me.

Re: Petty Theft

It's unlikely that he will be bailed out due to the probation violation. A non-probationer facing these charges would be able to post bail, but being on probation makes a big difference. I'm afraid the idea that he would be released under these circumstances without posting bail at all is very far-fetched.

The probation violation will put him back before the same judge who originally sentenced him (unless that judge has died, retired, etc., in which case he'll get a new judge). That judge can send him to jail or prison to serve the amount of time specified in his original sentence. This is in addition to any penalty he may face for the new charge. The judge doesn't *have* to do this, and there is no way I can say how likely he is to do this.

But the new theft charge is a serious matter in its own right. Your fiance's first petty theft was a misdemeanor, but subsequent petty thefts (aka petty theft with a prior) are felonies and carry longer prison sentences. Worse yet, there is a sentencing enhancement for crimes committed while on probation which can significantly increase his time behind bars.

Your fiance needs a good lawyer asap. If he's indigent, a public defender will be appointed to represent him. He'd be better off with private counsel, so you and he should do whatever you can to hire someone for him.

Re: Petty Theft

The day before arraignment is a little late to start looking for an attorney, but it can be done. I have represented people who were arrested by Home Depot for completely bogus reasons. Hope you find someone before he gets talked into pleading guilty.

Re: Petty Theft

Yes, because of the minor nature of the thefts involved, he has a shot at OR or low bail release. His chances will be higher if he is represented by a good lawyer.

Feel free to contact my office for a free and confidential consultation.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: Petty Theft

I can't believe you haven't already called a qualified attorney in or near your area to sit down with them and go over the specifics of his case, so the attorney will be able to address the specific issues presented by your husbands present dilema. Jail is a real possibilty, so get the best attorney you can afford. David Wallin