If i'm on felony probation in SD, and I got a petty theft charge in LA, does that always mean jail time or does that depend?

Asked over 1 year ago - Vista, CA

The petty theft charge is from 1/31/13, in Van Nuys,CA.I got arrested then OR'd & had my 1st hearing on 3/1.I pled not guilty- to extend the hearing further as they were offering me 2 yrs prob & 20 days community service.Problem is i'm on felony probation here in San Diego where i live. I had to tell the public defender about my status & she advised me NOT to take the deal & consult an attorney in SD.If i pled guilty at that hearing she said that SD would find out as they run a check every few months & i'd get probation violation. I need Legal advice & help! I screwed up & made a bad choice. Now i'm working full time,been attending outpatient treatment 3x/week since 1st week of Feb.&parenting classes once a week.I need to get my April 1st hearing extended & get legal help.Can anyone help

Additional information

I'm an addict in recovery, I was trying hard to pull myself together and I made a STUPID choice, it is my only petty theft charge. Though i have identity fraud & grand theft which is why i'm on probation. It's the only jail time i've ever done,3 months on those charges in 2011. I have a 5 month old baby & i've finally gotten my life on track. I'm desperate for help. I don't want to lose this great job i have now,and the many hours a week i've been dedicating to outpatient treatment and parenting classes. What are my chances of staying out of jail?

Attorney answers (4)

  1. Nicholas Milan Loncar


    Contributor Level 17


    Lawyers agree

    Answered . This really all depends on what landed you on felony probation, the specific facts of that case, how long you've been successful on probation and what exactly happened with the petty theft. In any event, you will be best served hiring an attorney who can handle both you van nuys and San Diego matters or at the very least, two attorneys who are willing to communicate and work together to ensure the best outcome in your case. It seems as though jail time wouldn't be in the best interest of justice in your case and you need a lawyer who will explain that to the court. The LA petty theft isn't a huge deal on its own. LA's jails are already highly overcrowded and there are some very reasonable judges in Van Nuys. Hiring an attorney is one way to buy time on your new case.

    Your felony probation violation in SD will be a bigger issue. I worked in a felony courtroom in San Diego and know that they take crimes a lot more seriously down there. Still, we were able to negotiate some really good outcomes for good people who made stupid mistakes.

    Feel free to contact my office anytime for a more comprehensive answer. It is probably best not to post too many more details online.


    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    1295 W. Sunset Blvd | Los Angeles, CA 90026

  2. Michael Kevin Cernyar


    Contributor Level 20


    Lawyer agrees

    Answered . Who's your attorney in Van Nuys? Who was your attorney in San Diego? Either attorney should be able to assist you with this question since it is very common. My advice is to retain an attorney before April 1.

    BTW -- April 1st is a court holiday for many courts. I suggest you contact the courthouse to verify before you make the drive. If so, then your matter will likely be heard the next day.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Nicholas Maurice Rosenberg


    Contributor Level 14


    Lawyer agrees

    Answered . This appears to be a repost of a similar question which I have answered. In my answer I suggested the real issue is not continuing your case in Van Nuys, your public defender can probably do that. The issue is what will San Diego give you on the the felony if you are in violation. Talk to your San Diego attorney or retain a new one to minimize the consequences and fight your petty theft on your attorney's advice. Good luck.


  4. David Philip Shapiro


    Contributor Level 18


    Lawyer agrees

    Answered . COntact the SD attorney you had on the original felony or hire a new one. In the event probation or the court in SD find out about the LA case you may be facing up to the maximum you could have received on the felony minus any credit for time already served.

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

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