Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to supply the additional requested information, which was helpful to my analysis of your issue. Please allow me to say I hope things work out as best as possible for your mother. I commend you for being concerned about her.
2. California Penal Code § 1275, as you mentioned, is the basis for bail having been denied. You also mentioned retaining an attorney, which is absolutely the most important step to take. If unable to afford a private criminal defense attorney, your mother should request the appointment of counsel when she makes her first Court appearance.
3. As to the consequences related to the charges, here is some information about that under California law. Petty theft is usually charged as a misdemeanor if it is a first offense, and the value of the property stolen is valued between $50 and $400. Petty theft can be punishable by a fine of up to $400 or by imprisonment in County jail for up to 6 months, or both. Petty Theft can be charged as a felony on your second offense under California Penal Code § 666. A second conviction of Petty Theft can carry a maximum sentence of 16 months in state prison. Not all courts will charge a second Petty Theft as a felony. In fact, many courts do charge a second Petty Theft as a misdemeanor, depending on the value of the property taken and the time that has lapsed since the prior Petty Theft.
4. It is imperative that your mother assert her rights to remain silent, to counsel, and to avoid self-incrimination -- not make any statements to the police.
   

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.