Legal Question in Criminal Law in California

Re: probation

It depends. Are you the kind of person who uses private lawyers, or public defenders?

Re: probation

You are looking at a violation of probation along with the new petty theft charge. You should hire an attorney as soon as possible.

Kirk Elliott

Re: probation

You may not want to hear this, but what you can expect is a forecast for "more of the same" if you don't do something about your problem. Both the DV and the stealing have one thing in common: lack of self control and inhibition. Both can come from substance abuse. Would I be making a good guess that you drink too much? If so, you'd do well to get into AA and prove it to the judge when you go to court. It will also prevent your future life from sliding further in to the pits. The road you are on is a bumpy one, isn't it?

Re: probation

The theft charges will most likely be used against you to violate you on probation. One of the terms of your probation was not to violate any laws, which you did by picking up a new case even if the new charges are not related or similar to your first offense. The situation could be different if the two offenses occurred in two different counties. In such scenario, it is possible that your probation status could slip under the radar so to speak.

Based upon what you wrote, it is difficult to advise you about the likely outcome of your new case as well as your probation violation. A lot will depend on the gravity of your new offense - how much did you steal? -, gravity of your domestic violence offense, where your case is litigated and who the judge, the DA and your lawyer are, among other things.

If your new offense is petty theft misdemeanor, you will not be put on formal probation, if convicted. However, you could be facing jail time and other potential consequences.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com