Legal Question in Criminal Law in California
I was sited and released for shop lifting and my past record is full of similar charges. Although I am all clear and off parole for a couple years what will happen to me? will I do time in custody?
4 Answers from Attorneys
It depends. You should hire an attorney. I do some criminal defense work. I would attempt to enter into a civil compromise with the store and then try and get the prosecutor to drop the charges and just seek community service and a fine or something.
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You need an attorney. There are many things (a wide range) which could happen potentially including custody time. Past record (how many cases, how far apart) and facts of this particular case (and past cases) and your attorney all can make a big difference. Good luck!
Priors obviously will influence the attitude of the DA and judge in dealing with you in plea bargaining, as well as trigger the 'enhanced' sentencing provisions in the law.
You�ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports, evidence and other results when appearing for arraignment at the first court hearing.
The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion until discussing the case and facts with the prosecutor in court.
When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
The law changed recently regarding thefts. Now, petty theft is anything under $950. Petty theft with a prior used to be a new petty theft with even one prior petty theft could be a felony. Now, it takes three priors (except in some exceptions).
Yes, your past will absolutely be looked at, especially if you have prior theft convictions. To minimize the damage - you need an attorney. It can be one you choose and hire or if you cannot afford an attorney (you'll never know until you meet to discuss the case and fees), then you'll have to request a public defender.
Because of what's at stake for you, I'd strongly suggest you find an attorney whose practice is focused on criminal defense, not somebody who dabbles in some criminal cases. Look for somebody who routinely practices in the courthouse where you case will be heard.
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