Legal Question in Criminal Law in California

petty theft/first offense, Glendale, CA

I went to court for an arraignment. I am currently unemployed and seeking work at job agencies. Most ask the question of arrests and convictions as well as, req. background checks. Iwas offered to prove couldn't get work on letter head from these companies and it would be reduced to an infraction. This is my first offense and the D.A. proposed that and offered to the court 3 yrs probation, fees and assessments, 1 day community service, 1 day jail time. The public defender didn't seem to be interested and help me and said I should get the letters and have it reduced to infraction. I am a single mom and unemployed. This was in Glendale, CA and other cases I heard for P.T. they weren't so harsh for first timers except me. I don't know why and how to proceed.


Asked on 6/16/08, 5:03 pm

2 Answers from Attorneys

Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: petty theft/first offense, Glendale, CA

Glendale, huh?

1st offense petty theft is a crime of moral turpitude which is more probably than not, going to affect bonding (to some degree) and, in my opinion, is more detrimental to future employment and licensing processes than many other offenses/convictions not Moral Turpitude

(meaning... having to do w/ honesty and veracity) based.

Whether infraction or not, many employers with strong employee - employer relations/benefits tend to shy away from such circumstances with potential applicants...

That being said, I would (as an idea)propose you seek a "diversionary disposition" wherein you would "jump through hoops" to better yourself while earning a dismissal. However, this would be structured so as to impose a harsher penalty than usual should you repeat this offense in the future. State prison may be the "gimme" you could concede as a proper disposition for any future (similar) offense.

Also, ( not knowing all the facts which lead you to this offense) I would propose participation in a "theft counseling program" as the foundation of such a proposal Judge S. Silver (SanFernando courthouse) is a major advocate of this type program and thru the recent years it has become more acceptable around other courts/jurists in the county. I have achieved this result (stated above) while utilizing such a program.

Though an infraction is acceptable result in this circumstance, perhaps (dependant upon the circumstances) you could do better (by minimizing the future affect of this circumstaqnce.

In Glendale, both jurists ( Judge or Commissioner) who are the probable court officers in your matter are quite fair, reasonable and understanding-thus, willing to consider (support) such a disposition if proposed and backed by the prosecution.

In fact, the DA in charge of the prosecutions at that courthouse is a fair man also--perhaps, if presented, he would seriously consider such a "DIVERSIONARY DISPOSITION."

Should you desire to retain an attorney ( at an economical rate), or have additional questions consider contacting me....sooner the better.

Of course, if not, good fortune, and thanks for letting me be of service.

Simms/////

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Answered on 6/16/08, 7:12 pm
Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: petty theft/first offense, Glendale, CA

Just an after thought, if the infraction to which you would plea is a non-moral turpitude offense; then you would be okay as regards the concerns you have stated. So, in that case, why not plea?

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Answered on 6/16/08, 9:39 pm


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