Will petty theft result in jail time? 7 Answers as of June 03, 2011

My boyfriend is in the process of completing his PC 1000 classes. Unfortuantely, in a ridiculous and misguided attempt to pay for the classes, he committed petty theft. He has yet to be arrested, but it looks to be imminent. The theft was on camera. Out of curiousity, what are the odds that petty theft (he has no prior theft convictions) will result in jail time? Is it possible his PC 1000 status will be reinstated, if the jude is feeling lenient? If not, is it possible or likely that he will be enrolled in Prop 36 in lieu of jail time? Finally, he was sentanced to PC 1000 in one county and commited the petty theft in another where he now resides. Will he be required to go back up North?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
A first time petty theft conviction, in and of itself, generally does not warrant any jail time. However, your boyfriend's previous record, inability to complete his PC 1000 and committing a new offense while under the court's supervision may bring jail into play. If he doesn't already have a lawyer, your boyfriend really needs to hire a qualified criminal defense lawyer to represent him as this will only serve to maximize his chances of avoiding jail and getting reinstated into PC 1000 if that is possible.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The petty theft when charged will be a violation of his probation. Depending on the facts of the theft he could get probation on that case. He may or may not be dropped from the PC 1000. If he is he should get Prop 36. A good attorney will help. Any action on the PC 1000 case will be in front of the judge on that case.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If the court where the drug diversion was ordered finds out, he will likely be violated and then be eligible for Prop 36, an inferior type of diversion for several reasons. Whether he goes to jail on the petty theft is up to the judge in the other county. That offense carries up to 6 months. He will have to appear in each county unless he has an attorney appear who can appear for him on misdemeanors.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
First time petty theft will usually not result in jail time, but it depends on the court/county. Oftentimes the counties are not linked, or the prosecutors are not diligent, so there is a good chance that the court handling the PC 1000 will not even find out about the theft. But that doesn't mean your boyfriend should not get a lawyer to defend him on the petty theft, which is a crime of moral turpitude and will haunt his job prospects for years.
Answer Applies to: California
Replied: 6/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When charged with a new crime, he faces probation violation, being kicked out of his program, and ordered to jail on the full term of the original sentence that was deferred by PC1000. He also faces potential 6-12 months jail the new misdemeanor carries. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/2/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Your boyfriend needs an attorney. He will not be offered any diversion. In addition, he has maybe violated the terms of his probation on the first matter. Call me with any questions. I am handling a case just like this now.
    Answer Applies to: California
    Replied: 6/2/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    It depends on the jurisdiction. There is actually a petty theft diversion in CA but not all counties take part. Of course if you are already on DEJ, it may be a problem. DEJ usually requires that you do not get a crime while you are on DEJ. If court is feeling lenient, one never knows what they will do. And you are correct. Prop 36 is available.
    Answer Applies to: California
    Replied: 6/2/2011
Click to View More Answers: