What sort of charges am I looking at for committing theft while on probation? 4 Answers as of December 09, 2010

Last year I got charged with second degree commercial burglary. My sentence was a fine, theft class, 40 hours community service and four day in custody. Plus three years of informal probation. Well this month I got charged with petty theft. What am I looking at?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
First you are looking at a probation violation which could have your probation revoked and you sent to jail on the original case. Next you could be charged with petty with a prior which is a felony. You need an attorney.
Answer Applies to: California
Replied: 12/9/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
They can make the misdemeanor petty theft a felony because there is statutory authority for it and a lot of DAs will do that. Even before you get to the petty with prior case they can sentence you up to whatever suspended sentence you got on the first case. ie. if they gave you two years, suspended, just on the revocation you can get the whole two years.If you are busted in one of the Bay Area counties I can probably help you. If not I can probably recommend a good lawyer no matter in which court you are in. Let me know.
Answer Applies to: California
Replied: 12/7/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If the charge sticks, more jail time for the Probation Violation. What what is the value of the items they are claiming you stole. Send me an email with more details if you would like to discuss further.
Answer Applies to: California
Replied: 12/6/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You are facing probation violation and return to court for re-sentencing on the original charges, potentially whatever you pled to in order to get those probation terms.

You are now facing new charges, with priors, resulting in stiffer penalties. Whatever the DA seeks will be stated in the Complaint filed against you. If filed as a misdemeanor, then up to a year in jail.

When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 12/6/2010
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