My 23 year old son was ticketed for shoplifting twice within a 3month period.. At his last court appearence they offered him 18

Asked over 1 year ago - Healdsburg, CA

months probation and 20 days in jail.( He has no prior record) Does this seem excessive? What happens if he doesn't tae the deal and goes to trial?and Finally is there any way to get this misdemeaner off his record after the probation

Attorney answers (5)

  1. Stephen Troy Allen

    Pro

    Contributor Level 15

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    Answered . 18 months probation is pretty good considering two separate theft cases.. Normally, a court would impose 36 months probation on these charges. Is the value of the theft under 50.00? As a former DA, 20 days in the work release or ankle monitor sounds about right for two cases but it depends on the amount of the thefts. Talk to an attorney because after a third theft, he would face felony charges. If he goes to trial, the punishment would likely be more severe unless he is acquitted. He can "expunge" the record after successfully completing probation but if he picks up future theft cases, these will certainly be an issue for filing a felony. Even after expungement, he would have to disclose convictions for certain types of employment or licensing boards. Do him a favor and see an attorney.

  2. Richard Franklin Taub

    Pro

    Contributor Level 14

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    Answered . I agree with my colleague that the offer is not completely out of bounds. A theft conviction and incarceration is, obviously, pretty serious. Get competent counsel for your son. Don't risk it to self-representation. www.taubcrimknaldefense.com

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  3. Vijay Dinakar

    Pro

    Contributor Level 17

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    Answered . I assume "20 days in jail" can be converted to a county administered work release or ankle monitor program. Whether this is a "good offer" depends on the strength of the evidence, the judge's likely sentence if your son is convicted, and the local DA's offers on comparable cases. You should hire a local defense attorney.

  4. Jayan Hong

    Contributor Level 9

    5

    Lawyers agree

    Answered . It's difficult to determine whether that is a good deal without knowing more facts and details about the cases. You should contact a local or nearby attorney and speak to them further regarding the facts of your son's case. As far as what could happen to your son if he went to trial, again this can be best answered by an attorney who knows more about your case and the exact charges in the cases. Misdemeanors can be expunged if your son successfully completes probation and pays all fines and fees.

  5. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The offer is good. Can it be improved? Maybe, his behavior appears to be a aberration. Has he seen a psych? Does he understand what the problem is? Is he taking additional action to change his behavior? Many reputable attorneys offer a free consultation. Meet with one or more in your jurisdiction to determine what strategy to take.

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

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