With each theft-related offense, the District Attorney's Office's approach becomes more severe in terms of the charges and the punishment they seek from the judge. However, Proposition 47, a law that reclassifies certain nonviolent offenses as misdemeanors instead of felonies, has brought a sense of relief to those facing such charges. This leniency offers a reassurance to individuals and their families, providing a glimmer of hope in a challenging situation.

Now more than ever, the expertise of an attorney in the specific area of law where your case is pending can significantly alter the outcome. Their knowledge of the motion to file, where to file it, and how to argue it in court instills confidence in the client's ability to secure a favorable outcome. This assurance can bring a sense of hope for a fresh start, even in the face of a challenging legal situation.

In the past, it was almost a certainty that if you were charged with a second theft-related offense, you would be facing jail time and even a potential felony, depending on the circumstances of the arrest. Now, I am seeing a sharp shift in favor of the defendant. For instance, "petty theft with a prior" under California Penal Code 666 PC refers to a situation where a person with a prior theft conviction is charged with a new theft offense.

All kinds of vehicles can be used to avoid a felony, jail time, and sometimes even avoid a conviction altogether. It is remarkable how a subtle shift in the law can trigger a significant change in the prosecutor's and judge's approach to petty theft and grand theft cases. This change can save future jobs and education for individuals who avoid convictions for theft-related offenses.

How Can You Stay Out of Jail? 

It is possible to protect your criminal record, even if you are charged with a second theft-related offense in your lifetime. A few years ago, in San Fernando and Van Nuys, CA, I would not have been able to make this type of representation on the record.

One possible strategy is to plead guilty or no contest to a theft-related offense and then earn a misdemeanor or dismissal in the future. This can be achieved through good behavior and community service, demonstrating to the judge and prosecutor that you are committed to making amends. By fulfilling these conditions, you can actively influence the outcome of your case, empowering you to secure a reduction or dismissal of the charge.

In my case, I utilize my 25 years of experience to convince the prosecutor and judge that if they give my client a chance, they will not regret it; my client will get back on the right path, and they will never appear in criminal court again. It is challenging to obtain a diversion program if you already have a pending petty theft case and then acquire a new case. The prosecutors believe in increasing the punishment if the same crime is committed repeatedly.

It is up to your attorney to make the argument that achieves the best result. This can usually be done by explaining why you took the action and providing the prosecutor and the judge with a solution to the problem, so they genuinely believe it will not happen again.

Character letters from friends and family members can certainly help show that you have positive attributes that make it likely that you can get on the right path and not end up back in court again with a probation violation or a new case. These letters can be a beacon of hope in your case, as they can significantly influence the court's decision in your favor. As your attorney, I can advise you on who should write these letters, what they should include, and how they should be presented to the court to maximize their impact.

Can You Reduce a Prior Felony Theft to a Misdemeanor? 

As your attorney, I will guide you through the process of reducing your charges. We will return to court, file the necessary motions, and present compelling arguments to the judge. By utilizing Proposition 47, we can successfully obtain misdemeanors and expungements for clients who have previously pleaded guilty to a felony-related theft offense. This process offers a ray of hope, showing that even past mistakes can be rectified and provide a fresh start.

It's essential to note that not everyone will be eligible for a reduction. Factors such as the nature of the offense and your behavior since the conviction will be taken into consideration. However, we have found that many of our clients can get reductions and dismissals because they have led a reformed life. As your attorney, I will thoroughly assess your case and determine the best strategy to achieve a favorable outcome and a reduction, which may involve demonstrating your commitment to rehabilitation and meeting certain conditions set by the court.

Motions to reduce felony theft-related offenses to misdemeanors are being filed and granted across the San Fernando Valley, and good people are regaining their rights and dignity. If you or a loved one has a petty theft with a prior felony conviction sitting on your criminal record, you owe it to yourself to come in and see what the Hedding Law Firm can do to get rid of the case once and for all. One phone call and meeting can set you on the path to reclaiming your rights and good name, and putting the felony conviction behind you.