California Penal Code Section 666
LEARN THE CONSEQUENCES OF BEING CHARGED WITH PETTY THEFT WITH A PRIOR IN LOS ANGELES
Obviously the more theft related offenses that you rack up, the harsher the Los Angeles County District Attorney’s Office will be on you when it comes to the charges they file and the punishment that they demand with the judge. However, with the passage of Proposition 47 the prosecutors in LA have really cooled their heels when it comes to theft related offenses. Now more than ever having an attorney who has experience in this area of law and in the courthouse where your case is pending can make a huge difference in the results that you can receive. Knowing the motion to file, where to file it and how to argue it in court is the best way to make sure the motion is granted and the client can move on to a fresh start.
In the past, it was almost a certainty that if you were charge with a second theft related offense that you would be facing jail time and even a potential felony, depending on the circumstances of the arrest. Now I am seeing a sharp swing to the benefit of the defendant. There are all kinds of vehicles that can be used to avoid a felony, jail time and sometimes even avoid a conviction altogether. It is amazing how just a subtle shift in the law can cause an avalanche when it comes to the prosecutor’s and judge’s resolve regarding petty theft and grand theft cases. This change can mean a saved future job or education for people who can avoid convictions in theft related offenses.
CAN YOU PROTECT YOUR CRIMINAL RECORD AND STAY OUT OF JAIL IF YOU PICK UP A PETTY THEFT WITH A PRIOR CASE?
It is absolutely possible to protect your criminal record, even if you are charge with a second theft related offense in your lifetime. A few years ago in Los Angeles there is no way that I would make this type of a representation on the record. However, once again, things have changed drastically in the theft offense arena in Los Angeles. There are all kinds of programs that can be negotiated when it comes to protecting your record and avoiding a conviction. One thing that is feasible is to plead guilty or no contest to a theft related offense and then earn a misdemeanor or dismissal in the future, if you can show good behavior and your attorney can convince the judge and prosecutor to give you a break. In my case, I use my 25 years of experience to convince the prosecutor and judge that if they give my client a chance, they will not be sorry, my client will get on the right path and they will never see them in criminal court again.
It is difficult to get a diversion program if you already have a petty theft case and you pick up a new case. The prosecutors believe in upping the punishment if you continue to commit the same crime over and over again. It if up to your attorney to make the argument that achieves the best result. The only way this can usually be done is to explain why you did what you did and give the prosecutor and the judge a solution for the problem so they truly believe it will not happen again. Character letters from friends and family members can certainly help in showing 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. Fortunately for you, the stage is now set for you to argue and be successful in a petty theft case or any theft related offense for that matter.
IS IT POSSIBLE TO REDUCE A PRIOR FELONY THEFT CRIME TO A MISDEMEANOR BASED ON THE NEW LAW
We are going back to court time and time again for clients who haD to plead guilty to a felony related theft offense in the past and getting them misdemeanors and expungements on a regular basis by using Proposition 47 to reduce the case. Not everyone will qualify for a reduction, but in the big scheme of things, we are finding that many of our clients are able to get reductions and dismissals because they have led a reformed life and a smart attorney can figure out how to get the case back in front of the judge and get the job done for the client.
Motions to reduce felony theft related offenses to misdemeanors are being filed and granted across Los Angeles County and good people are getting their rights and dignity back! If you or a loved one has a petty theft with priors felony conviction sitting on your criminal record, you owe it to yourself to come in and see what we can do to get rid of the case once and for all. One phone call and meeting can set you on the road to getting your rights and good name back and putting the felony conviction in the rearview mirror.
Categorised in: Criminal Defense