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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23973
Experience:  9+ years defending Misdemeanor and Felony cases.
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WELL I RECENTLY GOT ARRESTED FOR PETTY THEFT W PRIOR IM OUT

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WELL I RECENTLY GOT ARRESTED FOR PETTY THEFT W PRIOR IM OUT ON BAIL AN WELL I HAVE A LONG CRIMINAL RECORD ITS MY 5TH THEFT BUT I GOT ALOTTA OTHER STUFF like PLUS PASS PRISON TERM I WAT TO KNOW ABOUT HOW MUCH TIME U THINK IM LOOKING AT AN IF U THINK I MIGHT GO BACK TO PRISON i was in prison for petty letf w /prior i was sentenced to 16 months an i got off parol on nov 2007...
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.
The first thing that needs to be known, is how this is going to be filed. Since it is your 5th theft, it is likely they may upgrade the charge, to a felony, under Penal Code 666. This carries a maximum sentence of 16 months, is State prison. The prosecutor is going to look at the value of the item taken, the manner in which it was taken and the amount of time that has passed, since your last offense. Considering you have a lengthy history of theft, it is unlikely you will be given a probationary sentence, as your actions demonstrate to the court, you fail to obey the laws. Prior to trial, the court will make you an offer, that can be any place between jail or prison. It is up to the prosecutor to decide, so it is impossible for me to guess what their offer will be. It is in your best interest, to hire a criminal defense attorney and have them start working on your case. They could possible negotiate with the prosecutor on the case for a favorable offer, to resolve your case, without a trial.
Customer: replied 8 years ago.
well it is a felony my 4 th felony for theft alone!!!!..i did probation befor also summery an formal...i didnt do well i picked up a case while on probation thats why i went to prison my last conviction was 2003 when i was sentenced to 16 months i did 10 months off that i came out an 4 months later i went back for one year violation!!! an discharged nov 2007 this last time i was arrested in another county my bail was 15,000 total..it was because i put a pair of pants on an walked out the store.

Expert:  CrimDefense replied 8 years ago.
Based upon the facts you stated, it is likely they will send you back to prison. The reason I say this, is because probation does not seem to be an option. Your violations demonstrate to the court, a failure to comply with the laws of society. Over a year has passed, so if you could demonstrate tot he court that you have changed and are attempting to better yourself, the court may sentence you to less time. You need to give mitigating factors to the court, as to why you should not be sent back to prison and hopefully get your time in jail.
Customer: replied 8 years ago.
my criminal history goes all the way back to wen i was 12 but my adult record started when i was 18 i dnt believe the court will believe i changed. but being that i already did 16 months an got off parol is it possible that they can give me 16 months again or am i looking at more time
Expert:  CrimDefense replied 8 years ago.
They can only sentence you to the maximum for which the statute allows. If they sentence you any higher, it will be unconstitutional and the sentenced will be illegal. Unless they are going to file the charges differently, the 16 months is the maximum sentence, which they can impose.
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