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I was charged with a misdemeanor, given a ticket, then the DA sent me a letter informing me it was changed to a felony.

Poway, CA |

I was caught shoplifting at a store. The police were called. I was given a ticket and told to report to misdemeanor court. A week before my court date, I received a letter from the DA informing me it had been changed to a felony and of a new court date and time in felony court. The letter also said to be prepared for the booking process. I have 7 priors and am on summary probation. I was prepared to go to jail on my court date, but my public defender asked for and was granted a continuance. There were 90 cases on the docket that day and I never got to speak to my attorney or even get his name. My next court date is 3 weeks away. What can I expect to happen? I have never been booked on the felony. I take care of an elderly woman that is on hospice and me going to jail would devastate her

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Attorney answers 8


First, you are going to have little access to your attorney because, as a PD, he will be overloaded, though probably a fine attorney. Get used to it or hire private counsel. Second, you can expect to be taken into custody when you appear. There may be a way to try to shorten the time you'll be in jail, but you will have to hire private counsel to do so.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


You will probably be taken into custody and have a bail placed on you because of PC 666 charge. Unfortunately if you cannot afford an attorney you should use the PD, who is always busy. If you can afford an attorney, GET ONE!

Elliot Zarabi

Elliot Zarabi 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.


If at least three of your prior convictions were for theft or theft-related charges then the new case can be charged as a felony. The officers do not know your record which explains why they did not book you on the felony. You do run the risk of getting taken into custody unless you can post bail or get an OR (Own Recognizance) release. Retain a private attorney if you can because he or she is more likely to be accessible and get involved in your bail issue. None of us has enough facts to offer any predictions regarding how much jail time you woulg get if you were convicted.


You could be taken into custody at the continued arraignment. You should certainly consider retaining an experienced local criminal attorney to handle this case as you are looking at some jail time due to your prior record and the current felony charge. Many criminal lawyers offer free consultations and you should speak to some over the phone or in person about your case.

David M. Boertje, Esq.
(619) 229-1870

*Please note that this is not legal advice and in no way formed an attorney-client relationship*


You have some time before your next court date to call around and obtain a free consultation from a defense attorney in San Diego County that can explain to you the policies and proceudres associated with your sort of case. It's best to know what to expect when going into court rather than wait to the last moment.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


As the others have suggested it is in your best interest to hire an one of us experienced local criminal defense attorneys. As far as being taken into custody, that's probably likely for the booking process, however your attorney can work with the court to schedule it for a time that's convenient to you so you're not immediately taken in. Most of us here offer a free consultation and you should speak with a few of us and decide who your most comfortable with to fight this case.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


Hire a local attorney to help you...

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006


Hire the best locally experienced criminal defense attorney you can afford who can hopefully, at worst, negotiate alternatives to actual custody in the event you are convicted.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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