My friend is currently in custody. She served time in el dorado county for driving w/o a licence. After being there for 6 days she got detained by immigration and released shortly after to sacramento county jail and she is charged with petty theft from 2009 and has a bp hold. What can we do? She has no family at all here but her 4 underage kids. She was victim of domestic violence and her ex got deportes to México in feb '13 her kids are all us citizens and 2 have health problems.
How long can it take for the petty theft to be cleared/paid? Thank you Before hand for your time.,
Family Law Attorney
If she testified against her husband has she applied for a U visa? The Bp hold should come off soon, as her petty theft is probably not serious, but she should be cautioned repeat offenses could get her deported. Talk to her present attorney or public defender
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Criminal Defense Attorney
Petty theft is a MAX sentence of 6 mos at 50%. So the MOST would be 90 days. But that is unheard of she should be looking at less.
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Criminal Defense Attorney
Prior counsel have given good comments that might help answer your questions. In addition, you should appreciate that if she has any other prior shoplifting convictions, she may be facing considerably more time in custody. Also, what was the value of the items allegedly taken in the 2009 petty theft? If it was a very small amount, her public defender may be able to ask the prosecutor to amend the complaint to allege an infraction violation of Penal Code section 490.1, which may allow her release quite quickly. If the amount was much larger, this could complicate the release date.
I would find out which prosecutor and public defender are assigned to her 2009 case that she is being held for and let both know in writing about the four children and her husband being deported for domestic violence. If there are documents to show the health problems and you can discuss what she plans to do for employment once released, enclose such documents and discuss the employment future. Personally deliver both letters. Identify yourself and give your phone number to make yourself available to answer questions they might have. This may make it easier for them to do something. Take some action.