Legal Question in Criminal Law in California

Warrants

I got 2 tickets since I moved out here and I think one turned into a warrant. what is the most time I can do on a petty theft under 5 dollars I have no priors in theft .I do have priors on drug cases.


Asked on 3/13/99, 3:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Warrants

Petty theft can be charged as a misdemeanor, or a felony. If you have been sentenced to prison after being convicted of a felony the theft can be charged as a felony.

In Califorinia the maximum for a misdemeanor is 12 months in county jail. For a felony theft the sentence is 16 months 2 years or three years. The court must select the middle term, two years, unless there are mitigating circumstances the allow the judge to select the lower term, 16 months. If there are aggravating circumstances then the judge is to select the upper term 3 years.

You may also receive additional time for prior prison commitments if they are recent enough.

You need to discuss your case with an attorney and give the attorney all the information about your prior drug charges.

The warrant will in most cases be served when you are in a vehicle that is stopped for a traffic violation.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 3/30/99, 2:38 pm


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