Petty theft second offense in california

Asked almost 5 years ago - Anaheim, CA

If I was charged with petty theft 12/2007 and got caught again for a three dollar item, but no cops were involved this time but it was with the same company what do you think will happen?

Attorney answers (1)

  1. Lewis Robert Rosenblum

    Pro

    Contributor Level 13

    Answered . The facts you have provided don't allow for a definitive answer because there are too many questions that remain unanswered in my mind, but generally I can say this. If the police were not involved at all and you were not cited or arrested, it is unlikely that charges will be filed but that doesn't mean they can't be. If reports are submitted by security officers to the D.A.'s office and they feel they can establish the elements of the crime with witnesses from the store, there is nothing to prevent them from filing the case without involvement of the police, but that rarely happens.

    My guess is that the company did not know about the prior offense at the time of this theft and felt it was not worth the time and effort to prosecute over a $3 item. However if they check there records and realize you've been caught before they could request a case filing. Additionally, you may still be on probation for your 07 offense and could be charged with a Probation Violation. You may want to see how it plays out and if charges are filed then consult an attorney. In the meantime you may want to start to examine the reasons and you are stealing other people's property and figure out what you can do to resist this temptation as it is going to lead to significant problems for you. Technically, as a result of your prior, if the D.A. does elect to charge you, you could be facing a Felony.

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