Legal Question in Criminal Law in California
shopliftin/but they are trying for 2nd degree burglury
missed court april 15th for showing proof of enrolment for drug deversion. April 14th arrested for shoplifting at home depot. Merchandise 150.00. OR (released) at midnight with 2nd degree burlury charge. Which I dont understand. I stated to police (my mistake) that I stole a two other drills one in jan and one in feb. They issued a bench warrent for missing my DEJ court date. I thought it was April 16th but it was the 15th. My PO told me there is nothing he can do to lift the warrent. My court date for the shoplifting is on april 28th. PO said they will remand me then on the bench warrent. Is there anything I can do to prevent going to jail on this warrent? Im 5mo pregnant.
2 Answers from Attorneys
Re: shopliftin/but they are trying for 2nd degree burglury
Yes, there is something you should do IMMEDIATELY. Call your drug case lawyer and have him add your case to calendar for a motion to recall bench warrant ASAP, but in any event BEFORE the shoplifting court date. That is your only hope of not being remanded.
Meanwhile, getting a letter from your doctor verifying any medical issues with your pregnancy that would make custody unduly dangerous to your health or your child's health, will help a lot when shared with the D.A., probation, and the judge. So get moving. You don't have much time.
And by the way, wouldn't it be a great gift to your baby to be born into a family where mom isn't always bouncing from one crisis to another, and all the toxic stress it involves? So why not try harder to kick the drugs so you don't have to steal? And by the way, I think your baby is too young to be using drugs.
Re: shopliftin/but they are trying for 2nd degree burglury
It is of the utmost importance that you remain drug free from now until your child is born. Not only are you at risk with the criminal charges, you face the possible intervention of CPS.
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