Legal Question in Criminal Law in California

Petty Theft/First Offense

I was sited and released for a petty theft pc488. I have a criminal record from several years ago consisting of charges totally unrelated to theft. I have no thefts or fraud of any type and I am not on probation or parole. Will my record be used against me and will it effect the outcome of this case if found guilty? Am I likely to do jail time?


Asked on 7/16/04, 3:02 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Petty Theft/First Offense

Get a lawyer and fight it if you can. A theft conviction will haunt you all your days.

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Answered on 7/16/04, 3:08 pm
Terry A. Nelson Nelson & Lawless

Re: Petty Theft/First Offense

Your record will always be taken into account by a DA when looking at new charges. You should have sought to expunge the prior record earlier; you can't do so now that you have a new arrest. IF the old conviction is a 'strike' you face enhanced penalties on the new charges. With a good attorney, you MAY be able to avoid jail on the new charges. Contact me if interested in doing so.

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Answered on 7/16/04, 5:12 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Petty Theft/First Offense

Thank you for your posting.

A prior can be used against you in two ways. At minimum, the DA will review the prior conviction and comment on it, and if the prior meets the statutory requirements, it can be used as a strike against you. That means that it is possible you could do jail time.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 7/16/04, 5:57 pm


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