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What I am faced with on 2 prior thefts, currently on formal probation and just bailed out today on a petty theft (Felony)???????

Los Angeles, CA |

I am currently on Felony formal probation in Los Angeles County from grand theft case. and have another prior petty theft case form my past. On my grand theft in 2004 I was sentenced with 30 days in Orange County jail, that case is closed. Then I had a burglary theft in like 2006 where i was on drugs and used a stolen credit card to buy my dealer jewelry at the mall! I ended up doing 8 months in a drug rehab, 5 years suspended sentence which I am currently on felony probation. for and it was going to be done in 2015! Recently, I fell off the wagon, started drinking and I was drunk yesterday, went into CVS store and stole toenail clippers! Now its a Felony Petty Theft! What will happen to me in court? I am really scared and STUPID!

Attorney Answers 6

Posted

I assume you either bailed out or were cited out on the CVS theft. The current charge cannot be a felony petty theft with priors unless you have 3 prior theft convictions (See Penal Code Section 666). You only list two. If you have another you didn't list, then it can be filed as a felony petty theft with priors. The D.A. can also file it as felony 2nd degree commercial burglary. They do this all the time to get the felony filing.
The biggest issue for you is your probation violation. If you have 5 years state prison suspended, then the D.A. can just use this case as a probation violation and try to get that sentence imposed. However, it all depends on what courthouse you are going to, as well as the judge and the DDA. I find that many will reinstate probation with a minor criminal violation.
You can help yourself a great deal right now by beginning treatment. That way, when you go to court for your first appearance, you can show that you are trying to help yourself.
Give me a call if you'd like to discuss anything.

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Posted

I may have had 3, i am a complete mess right now i do apologize! My bail receipt and notice to appear reads: 666PC = Theft with priors and my bail amount was $20,000. My father helped bail me out with $1,600. I am going to LAX courthouse Division 144, and i have been there before, Judge Swartz! He is tough then I was sen back to Downtown at Clara Shortridge Foltz Criminal Justice Center up on the 13th floor Judge Craig Veals, Judge Veals has been very nice but he will be very upset if he sees me again and the DA in his court is very harsh! I am scared! I was drunk and I actually treied calling AA hotline while in jail to talk to someone but I plan to seek treatment as I did before it does help me overcome the severe depresstion i am going through so much emotional, financial, mental health obstacles it is rather embarrassing, although I continue to seek help as best as I can alone! I have two teenage kids, single mom on SSI disability for my mental health disabilties. Frankly I am very scared! Could you olease tell me what you honesty think may happen? How much time would I get for a Probation Violation/Felony Petty Theft charge for taking toenail clippers of about $10.00 from CVS? County or Prison? please tell me what you think? Thanks!

Jerome Jacques Haig

Jerome Jacques Haig

Posted

If your case is at LAX, then your probation matter will eventually be sent there. Hopefully the judge allows you to remain on bail since they could put you in custody on the probation violation, especially if your new charge is a felony. It's hard to say exactly what will happen. But you do need to start some treatment right away and come to court with proof. You also bring to court proof of your disability and mental health issues (and treatment). There is a mental health evaluator in every court house and they are very good and helping with treatment as an alternative to jail. Since money is tight, ask for the public defender when you get there. I know many of them at LAX and they are a good, dedicated bunch. Good luck.

Asker

Posted

Wow! Mr. Jacues, Thank you for your great advise! May i set up a time to contact you as soon as possible to discuss a few things? I may be able to retain your services as I have spoken to my family about my issues.

Asker

Posted

Now i am scared they may pick me up on that probation violation tomorrow morning! Can i call you today sometime?? Sorry I know its Sunday but it would help me relax a little! Also if I cannot talk to you today can your give me some good Public Defender's at LAX courthouse that you know of? They last Public Defender at LAX who was very helpful for me was Catherine Patterson? i think> Mrs. pattingson? She was excellent and was very good and actually had court ordered in my favor a "mental health psych evaluation" with Dr. Suzanne Maree Dupee MD which stated mental health conditions are severe and when I relapse and discontinue my psych meds I become somewhat suicidal. Can i request the same PD? Please tell me about how much county time would I get for a probation felony violation? and how much are your services for this type of case if I could possible retain your services?

Posted

It sounds like you were arrested for Commercial Burglary. Even if you were arrested for misdemeanor Petty Theft and cited out rather have posted bail, the DA's Office may ask for a felony filing due to your history. If you are charged with Commercial Burglary, you are looking at some time in County Jail particularly because of your status on Formal Probation. If you are charged with Petty Theft, there may be a chance to keep you out of significant County Jail time, but you need to contact me to explain some privileged details.

Seth Weinstein, Esq.
Southern California Criminal Defense
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

Thank you. It is a 666PC - Theft with Priors! what do you think the outcome will be for me at LAX courthouse?

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

The standard offer from the District Attorney's Office will be County Jail and Probation, unless you have an ESS for state prison from your old case, but it doesn't sound like that you do. It may be possible to beat the charges or get a reduction based on the facts of your case. Contact me at your convenience. Seth Weinstein, Esq. Southern California Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com

Asker

Posted

Mr. Andrew Weinstein, Thank you for your wonderful advise. May I contact you tomorrow morning or give me the best time we may talk. Thanks again!

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

Absolutely. Give me a call in the mid to late morning or any time thereafter. Seth Weinstein, Esq. Southern California Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com

Posted

Tonail clippers and being drunk can actually help. In more concerned with the 5 years suspended sentence. You need to start AA classes right away. You need inform your probation officer right away that you have been arrested. There's a lot you can do, but, you need to donut ASAP.

Elliot Zarabi
213-612-7720
www.FreeCriminalConsultation.com

Elliot Zarabi www.FreeCriminalConsultation.com 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.

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Posted

I may have had 3, i am a complete mess right now i do apologize! My bail receipt and notice to appear reads: 666PC = Theft with priors and my bail amount was $20,000. My father helped bail me out with $1,600. I am going to LAX courthouse Division 144, and i have been there before, Judge Swartz! He is tough then I was sen back to Downtown at Clara Shortridge Foltz Criminal Justice Center up on the 13th floor Judge Craig Veals, Judge Veals has been very nice but he will be very upset if he sees me again and the DA in his court is very harsh! I am scared! I was drunk and I actually treied calling AA hotline while in jail to talk to someone but I plan to seek treatment as I did before it does help me overcome the severe depresstion i am going through so much emotional, financial, mental health obstacles it is rather embarrassing, although I continue to seek help as best as I can alone! I have two teenage kids, single mom on SSI disability for my mental health disabilties. Frankly I am very scared! Could you olease tell me what you honesty think may happen? How much time would I get for a Probation Violation/Felony Petty Theft charge for taking toenail clippers of about $10.00 from CVS? County or Prison? please tell me what you think? Thanks!

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

Anything can happen! Feel free to call me discuss in detail. I can set up a time for you to come in for a free consultation, or do it over the phone. Whichever is best for you! It's free and that way we can discuss everything. Regards, Elliot Zarabi, Esq. 445 South Figueroa Street 27th Floor Los Angeles, CA 90071 Phone: 213-612-7720 Fax: 213-612-7721

Asker

Posted

Thank you Mr. Elliot Zarabi. When may I call you for that free consultation? Just give me a few good times and dates and I would appreciate a consultation.

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

You can call me whenever. If you call now, my answer service will pick up and try and find me. If I'm available I'll answer if not, I will call you back. But call me whenever! Regards, Elliot Zarabi, Esq. 445 South Figueroa Street 27th Floor Los Angeles, CA 90071 Phone: 213-612-7720 Fax: 213-612-7721

Posted

This is serious, but there are not enough facts here to provide a meaningful answer. I suggest contacting an attorney to review the facts and develop a strategy. Many reputable attorneys offer a free consultation. I suggest meeting with at least one soon while the facts are still fresh in your mind. Not only for that reason, but by contacting an attorney early you have an opportunity to confer with the prosecution beforehand with the possibility of having the charges rejected altogether before the court date or have the charges mitigated.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Asker

Posted

Thank you!

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

You're welcome. I wish you the best.

Asker

Posted

i am sure gonna nee it thank you Mr. Michael Kevin Cernyar. Can you tell me what are you attorney fees for this type of case?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

I won't disclose my fees in this forum, but you are more than welcome to contact me for further discussion. I have an 800 number for your convenience.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

800-409-7010.

Asker

Posted

I understand. i will try calling. Thank you!

Posted

This is a little murky. Much of this depends on where you got popped. If is LA, then you dont have a lot to worry about on a new case. Yes they could file hard and hit you with commercial burglary though this sounds like a misdemeanor no matter how you slice it. Your suspended time it what you need to be worried about. You should hire counsel who can coordinate with your PO and your LA case and get u into a verifiable program asap so when it hits probation you are already helping yourself. If we can help you give a shout.

Brian Michaels
Southern California Criminal Defense Attorney
www.socalcrimdefense.com
3109919179

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Posted

The 5 years suspended sentence could be serious and the severity depends on whether the judge used the words "execution of sentence suspended" or "imposition of sentence suspended".

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