Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

WELL I RECENTLY GOT ARRESTED FOR PETTY THEFT W PRIOR IM OUT

Customer Question
ON BAIL AN WELL I...
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: 9 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 hours by:
12/2/2008
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,448
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
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.
Ask Your Own Criminal Law Question
Customer reply replied 9 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.

Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 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.
Ask Your Own Criminal Law Question
Customer reply replied 9 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
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 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.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,448
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
CrimDefense and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,448
29,448 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
We have some petty theft going on at our workplace - someone
We have some petty theft going on at our workplace - someone is stealing cash out of wallets in other employee's jackets.What is the appropriate way to catch this person, and what do we do once we hav… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,448 satisfied customers
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with petty theft of textbooks the day after
I was charged with petty theft of textbooks the day after finals ended. This was my first offense. I am 20 years old. I am extremely remorseful of my actions, and I am anxious of what my consequences … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,448 satisfied customers
In Ohio what is a petty theft defined? How much has to be
In Ohio what is a petty theft defined ? How much has to be stolen for it to be under a felony… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I got arrested for petty theft 5th degree because i
hello i got arrested for petty theft 5th degree because i purchased $60 worth of merchandise and accidentally put two lipsticks in my purse when I put my phone in my purse they have now charge me with… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
What's the charge usually for first offense petty theft in
Hi... what's the charge usually for first offense petty theft in Miami FL? What are my chances of not doing jail time given I am a single mother … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can I be prosecuted for exposing my ex's criminal record to
Can I be prosecuted for exposing my ex's criminal record to his HR manager if sent anomously?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about petty theft, Ohio, No I don't have
I have a question about petty theft JA: In what state did this occur? Customer: Ohio JA: Have you talked to a lawyer yet? Customer: No I don't have the money JA: Anything else you want the lawyer to k… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
When given a summonses to court for petty theft under $50
When given a summonses to court for petty theft under $50 what do you expect? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Petty theft is macys, Ilinoj, No, Yes petty theft is macys
Hello JA: Hello. What seems to be the problem? Customer: Petty theft is macys JA: In what state did this occur? Customer: Ilinoj JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x