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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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4or5 times i stolled from jc penny cloths and they caught

Customer Question

4or5 times i stolled from jc penny cloths and they caught me last time 2 weeks ago i bailed out same they 500.00 we paid in 6hours later they told me they have one pair shoes   stolen 2monts ago idont no if they have the other evidence june8 ihave court value of 400.00 this is my firs caught i am 48 years old iam soo regret but is too late to be regret could you tell me even i have a good lawyer what will happen i have bussines i have to run it after this happened i was thinking to suiside myself   plesa could you write me what wiil happen?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  xavierjd replied 8 years ago.

Thanks for using


What state did this happen in?


Customer: replied 8 years ago.
Expert:  xavierjd replied 8 years ago.

Thanks for the information.


California Penal Code Sec. 459, Burglary states as follows:


459. Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, as defined in Section 21 of the Harbors and
Navigation Code, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, railroad car, locked
or sealed cargo container, whether or not mounted on a vehicle,
trailer coach, as defined in Section 635 of the Vehicle Code, any
house car, as defined in Section 362 of the Vehicle Code, inhabited
camper, as defined in Section 243 of the Vehicle Code, vehicle as
defined by the Vehicle Code, when the doors are locked, aircraft as
defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit
larceny or any felony is guilty of burglary
. As used in this
chapter, "inhabited" means currently being used for dwelling
purposes, whether occupied or not. A house, trailer, vessel designed
for habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not
occupied solely because a natural or other disaster caused the
occupants to leave the premises.


The crime that you are charged with is Burglary in the second degree.


California Penal Code Sec. 461 states that Burglary in the Second Degree is punishable by imprisonmnt in the county jail not to exceed one year or in the state prison.



If this is your first offense, it is very possible that if you are convicted, you will get probation. However, I cannot make any guarantees. You would be placed on probation for a length of time (for example 1 year). It may be reporting probation--where you report to a probation officer, or non-reporting--you do not have to report to a probation officer.


Many terms can be placed on your probation. For example, you may not be able to leave the state without permission of the court. You can't get arrested or convicted of any other crime while you are on probation. You may have to take a theft class. You may be told to stay out of Penneys while you are on probation. You may have to pay fines and costs and pay money to Penneys. You may have to complete your high school diploma or GED (if you don't already have one) You may have to maintain a job or be actively looking for a job. The judge may put some of these, all of these, and even other terms on your probation within his/her discretion and within the law.


If you are found to have violated any term of probation, you could be put in jail for up to a year.


When you go to court, the judge will read you the charge and the possible penalties. S/he will also give you your constitutional rights, including a right to an attorney. If you can't afford one, you can ask for a public defender to be appointed to represent you.


You should be represented by a lawyer, either one that you hire, or a court appointed one. It is possible that the lawyer can enter into a plea bargain with the prosecutor where you can plea guilty to a lesser offense, or get a recommendation of no jail.


If you want to talk to a lawyer before you go to court, you can contact your local bar association for a referral to a lawyer who specializes in criminal law. It will probably give you 2 or 3 names. You can contact the attorney(s) for a telephone consultation, or ask to set up an appointment to discuss the specific facts of your case. Sometimes, these consultations are free.

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.