Greg Thomas Hill’s Answers

Changing tags on merchandise is theft once you obtain the item by paying the lower amount and attempting to leave the store with the item. The best strategy toward trying to resolve the case is to attempt a motion for civil compromise with the store to have the case dismissed (my office is in Torrance, so I deal with these cases in Redondo quite often). You can also attend an online shoplifting course (and graduate from it ofcourse!) to help you negotiate the case down to an infraction or...

You have a "right to petition" under the First Amendment of the U.S. Constitution, made applicable to the fifty states via the Fourteenth Amendment. This right means you can file a lawsuit no matter what. You can file it, naming the Pacific Ocean as a defendant, or even God. That being said, you can file your small claims case and present your evidence to the judge. The defendant certainly will respond, if he or she does, by letting the judge know the status of the criminal prosecution....

I do not think you will serve anywhere close to your actual sentence. My bet will be about four or five days. When the DUI from Super Bowl Sunday make their way into the jail, you may be "forced" out (I am sure you will protest being asked to leave jail). Without knowing what you do for work, I really cannot recommend what you need to do for work while gone. Without knowing you age or medical status, I also - I am sorry - I cannot comment upon whether you will be placed in the general...

If you walk into court, you will not be arrested immediately. The judge should inquire first of you whether you were summoned to military duty, medically incapacitated or have any other reason that might be a valid excuse. That being said, you did not mention any of these things, so being remanded into custody is a distinct possibility. To protect yourself, I would start attending AA ASAP and make sure you bring your AA card to court, with signatures of the AA class leader. You can find...

I would appear in court as soon as you can to have the warrant "lifted," meaning deleted or removed. Judges will understand your situation, but at the same time, they do not want anyone else in the courtroom to try their luck with a similar excuse. The "opening the floodgates" concern is quite real. An important part of your appearing is showing respect for our judicial system and a sense of urgency. Dress well. Do not wear jeans. Wear a suit and tie if you have it. If you do not have...

I agree with the answer given by Mr. Bogan. A "Romero Motion" is what your friend needs to consider filing to have the prior strike removed for purposes of sentencing. While 1997 is fifteen years ago, what has your friend been up to since then? After the 1997 conviction, did he serve time? If so how much? If he served time, did he then complete parole without incident? Since 1997, has your friend even been charged with anything except for the currently pending charge? Is the person...

What you are describing is shoplifting. Shoplifting is the unpermitted taking of an item belonging to another with the intent to permanently deprive the owner of the item. It is defined as petty theft (California Penal Code § 484 (a)), which means the value of the items stolen is $950 or less. It is always a misdemeanor, but nonetheless serious because it is a crime of dishonesty and a conviction for this can have immigration consequences. Even the mere charges can destroy one’s...

I would hire an attorney. A judge might be quite unsympathetic and skeptical of you saying you were in the wrong courtroom. He may just say, "tough." Then you might find yourself with handcuffs on and some time in the gray bar hotel. If you hire an attorney, the judge may be less callous and may even lift the warrant, although making it clear that he is doing so reluctantly. If you cannot hire an attorney, do you have anyone who can be with you to corroborate your being in the wrong...

This is a really interesting question that a recent published decision addressed. Penal Code section 422 seems to require that the "victim" be aware of the threat and the defendant uttered the threat (or wrote it) with the intent that the "victim" become fearful for his or her safety, or that of his or her family. However, a recent decision seems to qualify this general starting point. Ben Chandler, Jr., and his female neighbor “had problems” with each other. His female neighbor, Ms....

A 1381 Demand applies to both felonies and misdemeanors. Your public defender told you the wrong thing. A 1381 Demand, once filed, obligates the prosecution to remove you to local custody within 90 days to answer to the charges. If the prosecution fails to do so, a Sixth Amendment issue arises, in that you were arguably denied the right to a speedy trial. Depending on the overall delay in having you brought to answer the charges, you may have a "Speedy Trial" motion to file...