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2nd Degree Burglary

Asked over 2 years ago - San Marcos, CA

I was arrested Saturday evening for Commercial Burglary. It would have just been shoplifting but i had no money so it turned into Burglary because of intent. This is my first arrest and the total amount of the merchandise i tried to take was $13.98. i was cooperative with the security and the police and did everything asked of me. I was taken to jail and bailed out for $25,000. Is there any possibility with a good defense i could get away without jail time or probation? And if i have to go on probation, will i have to subject to urine tests if no drugs were involved?

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Domenic John Lombardo

Reputation Level 7

Answered over 2 years ago. Criminal Defense Attorney in San Diego, CA.

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There is an extremely high likelihood that this matter will be filed as a misdemeanor, not a felony. You won't face any more jail time. You may be able to avoid a conviction entirely if the retailer agrees to a civil compromise. In any event, the court will not impose drug conditions in a matter resulting in summary probation or where there is no basis to order testing.

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David Jean Kaloyanides

Reputation Level 10

Answered over 2 years ago. Criminal Defense Attorney in Los Angeles, CA.

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Because this is your first offense, you have a good chance at getting the charge reduced and a non-custodial sentence. You need to discuss all the facts with your lawyer and explore all the options for resolving the case. There might even be a diversionary program available for this kind of crime. Make sure you discuss all options with your counsel, including the likelihood of drug conditions for probation. Every case is different and there is no way to predict what the outcome of any specific case will be.

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