Legal Question in Criminal Law in California

It is impossible to answer these questions without a lot more information which you should only discuss in private with a criminal defense attorney. Please DO NOT post a bunch of additional details on LawGuru, which is a public site accessible to the prosecution and police.

If you cannot afford to hire an attorney, ask the judge to appoint the public defender at your first court appearance. Whether you wind up with an appointed or privately retained attorney, you should only discuss the details of this case with your attorney.

Some things that could affect the outcome: Was this a single event or a series of thefts over a long period of time? Was the theft was committed under circumstances that could be charged as residential burglary? Did the manner of the theft exhibit sophistication of planning? Was the victim of the theft elderly or particularly vulnerable?

My initial gut reaction is that your changes of having the charges reduced to a misdemeanor before a conviction, or even after a year of probation, are pretty slim based on the amount of the loss. The judge could reduce a felony conviction to a misdemeanor after probation is completed, but this is discretionary, not required.

If you are granted probation and successfully complete it, you would be entitled to a so-called "expungement." However, I am much less enthusiastic about the benefits of this process than some other lawyers, probably because I am more realistic about what it really does.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed.

I know you're looking for precise answers to precise questions, but every case is unique. You don't mention where your case is pending and the theory under which you're being investigated and prosecuted.

Can this be reduced? Possibly. Up front? That depends on several factors - the jurisdiction, the judge, the DA, your attorney and most importantly the facts. Can you negotiate a deal to reduce this in the future? Same answer. Yes, it's possible, but it depends on the facts.

If this is Southern California and you're looking for representation, I can give you a better assessment of what you're looking at after a face-to-face consultation. Don't post details here - that can only hurt you.

Likelihood? No way of knowing. Prosecution decisions are up to the DA, based upon all the facts and evidence. If they think they can convict you, they'll file. If that happens, hire an attorney, you'll need one. If this is in SoCal courts, feel free to contact me if you're serious about doing this right. In the meantime, exercise your 5th Amendment rights to SHUT UP and speak to no one but your attorney about this.