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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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My husband is being charged with 666-484(a)-488 PC Misd. What

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My husband is being charged with 666-484(a)-488 PC Misd. What will most likely be his sentencing if he pleas no contest?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
If you really mean 666 (rather than 664), then your husband has a prior conviction of a theft related offense and the maximum possible penalty is either one year in the county jail or up to three years in state prison.

However, petty theft with a prior is not normally described in the format you have indicated. Attempted theft would be designated at 664/484(a)-488. If this is an attempted theft with no prior offense, then the maximum penalty is one-half of the maximum penalty for a completed theft. The maximum penalty for a completed petty theft is six months in jail and/or a $1000 fine, so the maximum penalty for an attempted petty theft is three months in jail and/or a $500 fine.
Customer: replied 8 years ago.



I'm still confused. Yes, they are charging him with 666, he does have a prior theft conviction. My main concern is jail time. Is there any possible way for him to avoid this? Thanks.

Customer: replied 8 years ago.



I'm sorry but all this is confusing. Yes, he's being charged with 666, he does have a prior theft conviction. My concern is not the the fines, etc.. but the jail time. Is there any possibilities he can avoid jail time? Thanks

Expert:  Jim Reilly replied 8 years ago.
Okay, I understand -- the fact that your boyfriend has a prior conviction makes it more likely that he will get jail time in this case. If so and how much will depend on the exact circumstances of both the prior conviction and the current case. Some factors that will be important are:

The value of the property that was stolen in each case (the higher the value, the more serious the offense).
Who the victims were and whether they were particularly vulnerable (age, gender, relationship).
The places in which the thefts were committed (for example, theft from a private home would be more serious than shoplifting).
Whether or not there was a violation of a trust position (such as an employee stealing from an employer).

I was a deputy DA in Orange County, but that was a long time ago (I left the office in 1985), so I'm not sure what the current office policies are regarding thefts with priors. If both cases were minor, it might still be possible to avoid jail time. The more serious either or both of them are, however, the more likely it is that some jail time will be imposed.

If your husband does not have an attorney, he should consider consulting with one before he goes to the arraignment. If he cannot do that, he should go to the arraignment and request that it be continued so that he can consult with an attorney. The court will generally grant a week or two continuance of the arraignment for that purpose. If the judge will not continue the arraignment, your husband should plead not guilty and decline to waive his right to a speedy trial. The court will then set both trial and pre-trial dates, which will give your husband time to consult with counsel.

If he cannot afford to retain private counsel, he should ask the court to appoint the public defender.
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