Legal Question in Criminal Law in California

my husband and I have completely clean records, never been arrested or cited for a misdemeanor. yesterday we were cited for petty theft at a grocery store, twenty dollars worth of stuff. our court date is on a Sunday, curiously, what do we do now, get an attorney?


Asked on 5/27/14, 12:39 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes. Get an attorney.

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Answered on 5/27/14, 1:23 pm
David M. Wallin Law Offices OF David M. Wallin

In my 27 years, handling these types of cases, I have found that theft convictions have a serious impact on future jobs and has many other serious consequences. As a Former Deputy District Attorney, our office strives to get these charges dropped or reduced to non-theft related offenses. Contact an experienced attorney at once......I wish you well......David Wallin

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Answered on 5/27/14, 1:24 pm
Joe Dane Law Office of Joe Dane

Aside from the marketing pushes, to answer your question...

Yes, you will need an attorney. Technically, each of you should have your own attorney unless there is a full discussion of any potential conflict of interest and waiver of that potential issue. One attorney can possibly represent both of you, but in some circumstances, it's not possible.

A couple of other things:

Theft of under $50 can be an infraction. Petty theft is a misdemeanor and is anything from a penny up to $950. Your attorney may be able to get the charge reduced to an infraction.

The court date is obviously an error. You're likely to get a notice of correction in the mail with the correct court date. In case you don't, though - discuss this with your attorney so they can check with the court and/or the prosecutor's office to get the correct date.

One last thing - should you get a letter from the store or a law firm on their behalf asking for hundreds of dollars - don't pay it without discussing it with your lawyer. These "civil demand" letters are all bark and no bite.

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Answered on 5/27/14, 2:53 pm


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