Legal Question in Criminal Law in California

Petty theft/employment lawyer

I was arrested for petty theft and the D.A. offered to reduce to infraction if I can prove I can not get work due to job agencies/employers that do background checks. Should I fight this and how much will the infraction (there were certain circumstances) keep me from getting enrolled at an agency or employer who requires me to have background checks or even asks the question ''have I ever been arrested?'' I heard they can only ask if I've ever been convicted.


Asked on 6/16/08, 4:48 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Petty theft/employment lawyer

The DA offered you an infraction? Sounds like the deal of a lifetime.

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Answered on 6/16/08, 5:00 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Petty theft/employment lawyer

Take the deal any way you can and run with it. Infraction is not a crime and not part of your criminal record. I am not sure why you are hesitating, unless you have a triable and winnable case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/16/08, 10:42 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Petty theft/employment lawyer

Alternative to infraction is diversion - taking some classes in exchange for complete dismissal at the end. Some courts offer this for first time offenders. Your lawyer should fight for you to try to make it happen.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/16/08, 11:00 pm


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