Legal Question in Criminal Law in California

petty theft

Hello,

My son was incarcerated at DVI Prison. His release date was to be on October 10th. Instead of releasing him they transferred him to the san Joaquin County Jail because he had a court date for a petty theft charge he didn't show up for because he was incarcerated. The prison did not notified him.

This is his second offense of petty theft. This was not the reason he was incarcerated.

My question for you is, because the prison or DA did not notify my son of his court date can they continue to hold him? And what punishment does second offense of petty theft carry?

Thank you,

--name removed--

My question is,


Asked on 10/11/07, 12:45 pm

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: petty theft

They can hold him for a limited time for San Joaquin County to pick him up. If they don't pick him up within the prescribed time then he has to be released.

Whether or not your son has a due process challenge he can make would be up to his attorney to decide based on the specific facts surrounding your son's situation.

A petty theft is normally a misdemeanor, but if there is a prior theft alleged the petty theft can be charged as a felony.

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Answered on 10/11/07, 2:01 pm


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