Do I have other options other than jail time? 13 Answers as of August 04, 2011

I'm currently on summary probation for shoplifting and have paid all my court fee and fines. I was arrested last week for shoplifting but the arresting charges were 148(a) (1), pc148.9 (a) and pc 459 the value of the item was about 22 dollars, bail was 5000 dollars. Is there any type of diversion programs or work release instead of jail time? Or will I be arrested at my arraignment?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you bailed out on the new case it is likely the judge will not raise your bail.However, you are facing jail time on he new case and the probation violation. There are alternatives to jail time. You need to meet with an experienced criminal defense law firm now and they can help you.
Answer Applies to: California
Replied: 7/22/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You should not admit you probation violation until your new case resolves so if they ask you if you want to admit the probation violation at arraignment you should request that it gets continued until your new case is finished. As for the new case it is very important that you speak with an attorney to make sure every possible defense is explored so that you are not convicted unless you have no other alternative. If you have to plead guilty you can ask the court to give you cal trans or community service instead of jail. There are many alternatives to straight jail for nonviolent crimes. The court can also offer you community service for the probation violation. You should also be represented by an attorney at your probation violation hearing.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your probation could be summarily revoked at the time of your arraignment on any probation violation. This is unlikely if that case is a misdeameanor and much more likely if you are on felony probation. By the way there is no right to bail on a felony probation violation and it is up to the judge.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Depending on your criminal background, the District Attorney may not object to you doing cal trans, community service, or home confinement.
Answer Applies to: California
Replied: 7/20/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to work out a deal without any jail time. I would need to know more about your case to better assess it. If you posted bail, the judge may decide to keep you out of custody at the arraignment based on the bail if the proceeding is not resolved at the arraignment. I would really need to hear more about your case to better assess the situation.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The Judge may ask for bail at your arraignment, given your prior criminal history. A petty theft with a prior is very serious, because it can be filed as a felony. The 459 you're facing is even more serious than a petty theft. Have a lawyer to appear on your behalf (without you) at the arraignment. That's the safest way to go.
    Answer Applies to: California
    Replied: 7/20/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Need to immediately contact an experienced criminal attorney who practices regularly in the court where your case is filed. The three charges pending are serious exposing you to possible jail time. There may be defenses to explore as well as negotiations should take place with the District Attorney's Office to work out alternative sentencing avoiding jail time. So long as your bond remains in place, you most likely will be able to leave after your arraignment hearing. Further, if you hire an attorney, you do not have to appear at most court hearings, including the Arraignment Hearing, unless the judge orders otherwise.
    Answer Applies to: California
    Replied: 7/20/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    There are diversion programs available in some areas. However, I doubt you would get offered that because you have a prior and are on probation. You could be forced to post more bail on the probation violation at your arraignment. Theoretically, the judge doesn't even have to set bail on the violation. Most will release you on the violation without having to post bail, called "own recognizance" or "OR". It depends on you and your record though. If you can't beat it, you may also consider trying to get physical labor, house arrest, city jails or weekend jails.
    Answer Applies to: California
    Replied: 7/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Options? Yes. Guaranteed? No. You already were arrested, then cited and released on promise to appear. It is unlikely they will take you into custody at the arraignment. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges, such as probation violation. The charges determine how much time would be imposed if convicted. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 7/20/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    I would not expect that you will go into custody at your arraignment. There are options other then jail but being on probation does complicate matters. You should seek good legal advise on this one.
    Answer Applies to: California
    Replied: 7/20/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Likely not. The court will also be charging you with a probation violation as well since you were on probation. What makes matters worse is that you were on probation for a crime that they are charging you again with. Advice? Get an attorney and asap. The stakes are too high not to.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Once you post bail, that is typically sufficient unless there is a change of circumstances. That's as to the new case. While on probation, the court could technically take you into custody pending the outcome of your probation violation allegation. Would they? It depends on the jurisdiction, the judge and what your attorney can work out for you. Your best bet is with an attorney who routinely practices in the court where your cases will be heard. The resisting arrest and false information charges certainly add a wrinkle to things. I can only assume that the DA's position will be to want jail time, but your attorney may be able to work something out on your behalf to avoid jail. There's just no way for any of us to guess as to the outcome of your case without a whole lot more details. Focus on finding an attorney before your court date if at all possible.
    Answer Applies to: California
    Replied: 7/20/2011
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