How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jim Reilly Your Own Question

Jim Reilly
Jim Reilly, Attorney
Category: Legal
Satisfied Customers: 1801
Experience:  California lawyer since 1976.
11056146
Type Your Legal Question Here...
Jim Reilly is online now
A new question is answered every 9 seconds

I did a petty theft crime worth $68, but got booked with burglary/

Customer Question

I did a petty theft crime worth $68, but got booked with burglary/ felony, because i admitted to going inside the store with the intent to steal. My record is clean otherwise, will this charge get dropped to a misdemeanor? if not, how can i get it dropped?
Submitted: 4 years ago.
Category: Legal
Expert:  Jim Reilly replied 4 years ago.
Hello no62g8qo and welcome to JustAnswer.

Your situation is exactly the reason that anyone suspected of a crime should never speak with police officers. Got a simple misdemeanor bumped up to a felony. That said, if you have no record, it is quite likely that the DA will actually file this as a misdemeanor petty theft/shoplifting (Penal Code sectrion 484).

If so, you should be eligible for misdemeanor diversion under Penal Code section 1001-1001.9. If you take diversion and finish the program, the charge is dismissed and you can say that you were never convicted. When you go to arraignment, ask the DA or the court about diversion and if they say okay, you can probably finish this without a lawyer.

If you let me know what county and specific court your case is in, I can probably give you more specific information about diversion there.

Thanks for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.
Jim Reilly, Attorney
Category: Legal
Satisfied Customers: 1801
Experience: California lawyer since 1976.
Jim Reilly and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
It is in Los angeles county, in whittier court.
Expert:  Jim Reilly replied 4 years ago.
Hello again and thanks for the additional information.

All Los Angeles County courts offer misdemeanor diversion programs. In fact, because of the heavy case loads there, compared to smaller counties, you are more likely to be diverted than if the case was in another county. With no previous criminal history, you are a good candidate for diversion. The program would likely include attendance at a theft awareness program, perhaps some community service, payment of diversion fees and 6-12 months of not getting in any further trouble.

As I said, ask the DA or the court about it at your arraignment. If diversion is not offered, you can ask for time to consult with an attorney (or if you cannot afford private counsel, request appointment of the public defender).

Good luck with this -- if you have any other questions as you go forward, please let me know.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.