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what am I facing

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m1339

Member
California
still under probation..got caught again..I took food for 23 dollars due to a desperation..someone said they may even drop the case for that amount and because its food ..I want to believe it..Is that true?..please do not judge me for what I did..You can tell why I did it and I am not proud of it...What am I facing?..cant get a lawyer..should I talk to DA and explain my situation?Thank you!
 
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CdwJava

Senior Member
What code section(s) have you been charged with? This can be one of three that I can think of off the top of my head - one is an infraction, one is a misdemeanor, and the other is a felony ... so, what have you been charged with? (code numbers, please)

- carl
 

CdwJava

Senior Member
PC 666 can be charged as a felony. He can go to prison for up to three years on that offense alone.

666. Every person who, having been convicted of petty theft, grand
theft, auto theft under Section 10851 of the Vehicle Code, burglary,
carjacking, robbery, or a felony violation of Section 496 and having
served a term therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, is
subsequently convicted of petty theft, then the person convicted of
that subsequent offense is punishable by imprisonment in the county
jail not exceeding one year, or in the state prison.​

- Carl
 

m1339

Member
I will make yours a double Mocha if you please tell me what should I do...Single parent going through financial difficulty...Thank you Carl!
 

renwei

Junior Member
Sorry,I could't help you.I can support you something to be related to the case
 
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CdwJava

Senior Member
I will make yours a double Mocha if you please tell me what should I do...Single parent going through financial difficulty...Thank you Carl!
My recommendation would be that you consult a defense attorney. The offense could, theoretically, be dropped to an infraction given the dollar value. However, since you have a prior for theft I strongly suspect that at a minimum probation, fines and community service are in your future.

- Carl
 

m1339

Member
Thank you Carl...I am ready to go through any punishment but jail time..from what you posted I got hope that I am not going to jail...I hope I got it right!
 

CdwJava

Senior Member
Thank you Carl...I am ready to go through any punishment but jail time..from what you posted I got hope that I am not going to jail...I hope I got it right!
You COULD get jail, but you might get lucky and suffer only probation. However, they might decide to have you serve weekends, or a few days straight up ... it really depends upon the practice in your locale.

- Carl
 

SIN EATER

Member
Are you still on probation for the prior theft ?
How much was taken in the prior case ? Was it food ?

Did you struggle, at all, when they apprehended you ?

In which county did it occur ?
(overcrowding is an issue when it comes to jailtime. I hear L.A. is doing 1/3 time now.)

If under $50. and food, the charge can be an infraction, but probably not, wth the prior theft charge.

Your best bet is a misdemeanor theft, with community service or Caltrans in stead of jail (that is probably what you'll be offered, as long as you are not still on probation for the first offense). You'll also be placed on probation, fined, and told to stay away from the place where the theft took place.

Do you qualify for the PD ?
Be sure your PD knows that you took food and it was under $50.

***I just noticed you are still on probation. Yes, you will do jail time.
The amount depends on your county and Judge.
The 'norm' in LA, from most Judges, is 30 days for the probation violation.

A 666 is a 'wobbler' and carries a sentence range of 16 months, 2yrs or 3 yrs.
(It can also be reduced to a misdemeanor). The Judge will sentence for the probation violation (sometimes they will accept a recommendation from the Dep Dist Atty); the DDA has control over any reduction of the 666. Expect a combined offer from the DDA, but the Judge will have a heavy say in the disposition.

It doesn't matter how much, or what, you stole - it's that you violated the probation terms the Court set. You really should get your affairs in order (make arrangements for the kids) and be prepared for a 30 day term.
 

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