Legal Question in Criminal Law in California

Shoplifting vs Robbery Part 2

I recently accepted a plea bargain from the DA and Judge. I was facing a possible "estes" robbery ( F- Strike) For anyone reading this, here is our scenario: My girlfriend and I went into a local supermarket and walked out with over $500 worth of groceries and other stuff (no alcohol or tobacco). As we exited, the plain clothes store security grabbed us. I on the other hand, was just not having it. I was very manic and shook them off . The more they tried to get me down the angrier I got, swinging at all three of them eventually getting pepper sprayed down. We both bonded out. I felt like they had overdid everything because I warned them 3 times to let me go (bs I know). I am like a tiger deep down and lost it. I am already on felony probation in another county so I was freaking out about what was going to happen. My plea bargain involved it being reduced to a misdemeanor , house arrest for 3 months, informal probation, and a minimum fine. It seemed like a great deal, considering all the circumstances, and the fact that it was directly offered by the judge. My next worry is that I have violated my probation. I was sentenced to 5 years formal in another county and would have been off in 1 1/2 years if this had not occured. My public defender said to me, whatever I do, do not inform them of any of this. If they want to get ahold of you they will call you. My question is how much authority does my old probation have over me? I plan on finishing up my house arrest before anything, with the hope that my po will just sweep this one under the rug and let my old probation ride out. Does this happen often, and can the po himself make that decision to not file anything. Being I have been good for 3 1/2 years with no incident? Thanks.


Asked on 7/25/09, 6:18 pm

1 Answer from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

First, you got a really great result on the Estes robbery. You avoided a felony strike on your record and that's worth its weight in gold!

You're in a bit of bind on the probation issue. On the one hand, you have an obligation to tell the PO that you picked up a new case. If you don't tell the PO and he finds out later, you have technically violated probation in two respects: First, by picking up the new case and, second, not telling the PO. On the other hand, in reality, if you don't tell the PO there is a decent chance he will never find out about the new charge and your current probation will run its course and expire in 1 1/2 years with no violation. Frankly, though, this is less likely to go unnoticed in a formal probation situation, but it does happen.

In the final analysis, many would opt for this course because they understand that even though their failure to report the new offense constitutes a violation, it is a far more serious violation to commit a new crime than it is to failed to report it. Many are willing to take the gamble that this will all pass without anyone noticing. (BTW, I realize you believe that your public defender affirmatively told you not to report the new offense. Technically, this is not advice that he should give you because he's encouraging you to violate probation. Perhaps, you are reading between the lines when your lawyer legitimately explained the likely outcomes of both options? If you like your lawyer, you should say "yes" to that question.)

The short answer is no one can tell you if the Estes case will go unnoticed. You have to decide if you are willing to risk it popping up later on or if you think the PO will "appreciate" your honesty. In answer to your specific question, your current probation has a great deal of "authority" over you. If you are found in violation of probation, you can be sentence to anything up to the maximum time on the case. Yes, the PO can decide not to file a notice of violation based on your performance and/or the judge can decide not to impose any additional time. It all depends on the players involved.

Good luck!

Deirdre

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Answered on 7/27/09, 11:52 pm


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