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What kind of sentencing does a first time offender get for petty theft in ca? i am a certified AOD counselor. 1 prior 15yrs ago

Visalia, CA |

i successfully completed probation and went into tx,,,,,which is how i came to be a counselor. i quit my job as a counselor @ a methadone clinic in sac to move back to vis alia; as my husband had been commuting between elk grove and visalia for 7 years. Moved back in feb ...leasing home on 10 acres....husband has very high profile job in the community....married 20 yrs. 2 sons; 18 and 20. I am the oldest of 5 girls and come from a large hispanic catholic family.Prior to moving back here i had remained in counseling myself in order to ensure I was emotionally stable and had an outlet for all that i was absorbing from my pt's; as transferrence and counter transferrence are a big issue in the professin and I saw alot of good counselors...relapse. where as i remain abstinent; i lost my outlet

as addiction is a three headed dragon,,,,one can be abstinent but if the thinking and feeling issues arent being addressed...you can very quickly have a problem; as i bfound myself starting to engage in highbrisk behaviors; as illicit drugs and alcohol are not an option. I am actually dx as dependent vs addicted but choose to view that as symantics....I have PTSD.....molested several times as a child and physically, sexually and emotionally abused by ex husband. ...not looking for tea and sympathy...just giving the facts, as some issues have resurfaced as a result of other contributing factors Id rather not go into on line. Please help......items totaled 50$

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Attorney answers 2

Posted

Sentences vary from place to place and from Defendant to Defendant but you have a lot of personal background that would suggest a judge would take a less-is-more approach to your sentence and you'd probably end up with probation and restitution.

I'd suggest getting back into counselling for your own health and to be able to show that to the court as if to say that you are taking personal responsibility for yourself and are working towards normalcy. Bring your family with you for support if they are willing and I don't think you are going to have any surprises. Also, the prior being so old, I don't think the judge can take it into account but you did not provide details about that conviction so I can't say for sure.

If you still are concerned, I'd suggest hiring an attorney who can speak for you during the process and put your fears to rest. He/she may also be able to suggest a program in the area that specific judges/courthouses like ore than others.

Good luck!

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Posted

While I have seen cases where Defendants have received up the full 365 day in county jail, that is not common. More commonly most clients without a long history of theft related crimes recive community service and credit for time served. Mitigating factors such as remorse and restitution go a long way.

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