Legal Question in Criminal Law in California

Three years ago my girlfriend stole roughly 700 dollars worth of clothes and was placed on 3 years of probation. She violated her probation with two months left by stealing a something worth less then 20 dollars. My question is with the new legislation passed by the California Legislature in an effort to reduce the prison population will her original charge be reduced since it was less then the new 900 dollar limit set by the Legislature? If so would her probation violation be nullified since her original charge would be a misdemeanor? When would all of this take affect and when could we expect her home?


Asked on 9/15/09, 4:12 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

I think you have a few issues confused. The California Legislature just passed a plan to reduce the state prison population by releasing some inmates early. It aims to cut the number of inmates in California prisons by almost a third over the next two years, although it is not completely clear how the Department of Corrections will decide which prisoners to release.

There was also a bill to increase the threshold for grand theft from the current $400 amount, but it has not passed.

Your question is a little bit confusing, but I am assuming she was on felony probation for grand theft. If she had served any time in custody for a theft conviction, her new case could also be charged as a petty theft with a prior, which can be a felony under Penal Code 666.

If that's what happened and she was sentenced to prison, the maximum sentence would be three years and eight months. The judge could also give her less time or keep her on probation.

A person sentenced to prison for a nonviolent felony serves half of the sentence, with deductions for time they spent in custody on the case before sentencing. With the new prison reduction legislation, she might be released even sooner.

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Answered on 9/15/09, 5:18 pm


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