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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89512
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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after being arrested 11/20/09 for petty theft and charged pc666

Resolved Question:

after being arrested 11/20/09 for petty theft and charged pc666 due prison prior I was on
probation just days before sentence( 10 wwp)work weekend program got arrested for a drug pos/ resisting arr 10/04/10 drug court judge deleted wwp gave me 6months + 6mths
for new char did 4 mths + 3 in county jail on 10/03/11 charged again for pos did 2mths and
prop 36 did 2more mths for violation #4 then entered a drug prog 35dys + a THU 60 dys
most likely 30 more days in addition to 5 mths outpatient classes when will I credit out of this mess? I heard I could be done but unless I request a calculation it will never be offered
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
You have to make a motion for credit for the time spend in the programs with the court and your attorney has to request the court agree to give time out and the court will send it to the probation/parole office for pre-sentence investigation to calculate the time that you should be credited. This needs to be filed prior to your sentencing earing by your attorney so the court can consider it and determine the calculation of it can be made at your sentencing hearing and the court will request the calculation at sentencing and would enter the order that you are to be given credit for time.


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Customer: replied 1 year ago.


I am still confused an attorney on this site wrote that I should not be charged with a pc666 on my first petty theft due to a prison prior in Ca


according to the law it takes 3 petty thefts with prison prior for pc666 if that is the case most likely a different punishment and sentence would


change probation period + time served, what can I do to have this case reviewed? I calculated time served I mean incarcerated total is 700 days


it does not include time on probation

Expert:  Law Educator, Esq. replied 1 year ago.
Here is what PC 666 states:

(a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punishable by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.

(b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison
.

I know it is all confusing and the only way to sort the credit for time served out is filing a motion for credit with the court and them sending it for presentence review for calculation.
Customer: replied 1 year ago.

what I need to know is for my case I spent 16 months with 1/2 time in 07


for grand theft auto and in 09 arrested for a petty theft valued under 150$


got out on bail and went to court for about a year for the petty theft I got charged with a felony petty theft pc666 according to a lawyer I was wrongfully charged have to have at least 3 petty thefts with a prison prior to be charged pc666 in california is it true or not

Expert:  Law Educator, Esq. replied 1 year ago.
It appears the lawyer is correct, if what you are saying is correct, but you need to file a petition for post conviction relief if you were improperly charged on the old petty theft. From what you are saying, realizing I cannot see everything in the case, it sounds like the attorney you are speaking to is correct.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89512
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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