Legal Question in Criminal Law in California

Theft of any amount carries the potential of jail time. Petty theft (under $400) is a misdemeanor and is a maximum of 6 months in county jail. Grand theft (either over $400 or if the wallet was taken from a person directly - for example pickpocketing) can be either a felony - up to 3 years in state prison - or a misdemeanor - up to one year in county jail.

Whether you get charged, if you get convicted and what you will actually be sentenced to if convicted? That depends on your age, criminal record, the specific facts of the case as set out in the police reports, the judge, the DA and to some extent your attorney.

If you're facing criminal charges or are under investigation, it's worth it to consult with a criminal defense attorney in your area. In the mean time, don't admit what you did to anyone. It can only be used against you. There will be plenty of time to apologize now, but you have to watch out for your rights now.

If you were caught and arrested for such theft, then yes, you face possible jail time on the crime. Giving the money back upon arrest is not of any help. If you gave it back before being caught, that would help. Your attorney will use whatever defenses, facts, evidence, arguments and sympathies you may have in trying to negotiate a plea bargain to avoid jail. If serious about getting legal counsel to represent you, feel free to contact me.