Charged with PC487(a) Misd-17(b)(4); what does this mean?

Asked over 4 years ago - San Diego, CA

I was arreseted 6months ago with a PC487(a) but when I appeared at court no action was taken so I was sent home. I JUST recieved a letter in the mail for me to appear at court for an arraignment and it says charge PC487(a) issue type Misd-17(b)(4). What does this mean? Am I being charged on a misdemeanor level? What is the maximum penalty? I'm scared and confused. Thank you.

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . The 17(b)(4) notation, which Mr. Shapiro has ignored, is simply an indication that the DA has elected to file this charge as a misdemeanor. So the answer to your question is yes, you are being charged with a misdemeanor. The maximum punishment for this charge is one year in the county jail but it is highly unlikely that you would be so sentenced. If you have no criminal past you may be able to get into a diversion program. Even if that is not available you will probably be put on probation with minimal jail time, usually serveable through a sheriff's work program or Caltrans.

    Although you have only been charged with a misdemeanor, a theft charge can have life long consequences so you should have an attorney to represent you.

  2. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . PC487(a) is a wobbler in California. Wobblers are offenses that can be charged as felonies or misdemeanors. What likely happened is the District Attorney declined prosecution as a felony, and sent the case to the City Attorney's Office to see if they wished to prosecute as a misdemeanor...hence the 6 month delay.

    You technically could receive up to one year in jail. Realistically what will happen depends on the amount of theft alleged, your prior criminal record (if any), your ability to make restitution, et al.

    The minimum sentence for a PC487(a) misdemeanor conviction in San Diego County is a criminal conviction involving theft/moral terpitude, 3 years probation, one day jail, a fine just under $1000, 4th amendment waiver while on probation, the offense is priorable meaning any theft in the future can be filed as a felony no matter what the amount and perhaps a theft course and/or public work service.

    The date you first need to appear will be your misdemeanor arraignment. You should consult with a local criminal defense attorney who has a record of success handling your type of case. If you do not hire an attorney you will need to personally be present and a qualified attorney from the public defender's office will assist you.

    Good Luck!

  3. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . PC487(a) is a wobbler in California. Wobblers are offenses that can be charged as felonies or misdemeanors. What likely happened is the District Attorney declined prosecution as a felony, and sent the case to the City Attorney's Office to see if they wished to prosecute as a misdemeanor...hence the 6 month delay.

    You technically could receive up to one year in jail. Realistically what will happen depends on the amount of theft alleged, your prior criminal record (if any), your ability to make restitution, et al.

    The minimum sentence for a PC487(a) misdemeanor conviction in San Diego County is a criminal conviction involving theft/moral terpitude, 3 years probation, one day jail, a fine just under $1000, 4th amendment waiver while on probation, the offense is priorable meaning any theft in the future can be filed as a felony no matter what the amount and perhaps a theft course and/or public work service.

    The date you first need to appear will be your misdemeanor arraignment. You should consult with a local criminal defense attorney who has a record of success handling your type of case. If you do not hire an attorney you will need to personally be present and a qualified attorney from the public defender's office will assist you.

    Good Luck!

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