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I have an attorney and moved my case to September 9th and it is a burglary misdeamoner case and he knows all the DA's

Valencia, CA |
Attorney answers 11


Dear Valencia--speak with your attorney about this. That's why you hired him. Chances are you are facing informal probation and no jail time, but a theft offense can be devastating to your future even without jail. Spend some time talking with your lawyer.

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This is a question you should be discussing with your attorney. You should not go into any details on this public forum, but it is impossible to answer your question without knowing more information. For instance, how many counts are you facing? Are you charged with any other offenses?

Second degree burglary is a wobbler, meaning the prosecutor can charge it as a misdemeanor or felony. If you are charged with a misdemeanor, you are facing up to one year in county jail for each count.

The fact that I have answered this question does not establish an attorney client relationship between the questioner and myself or my office.


Ask your lawyer, that is why you spent money on hiring them. It depends upon your prior criminal record and circumstances of the alleged offense. Best of luck!


This is the kind of question you really need to ask your lawyer about. Any answer I gave you here would be way too speculative because I don't have all the information. Call your lawyer and ask to set up a meeting before your next court date - that way you can get all of your questions answered.

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Your lawyer knows much more about your case, so is in the best position to answer. Have you asked him what the offer is? If the case is in Newhall Superior Court, they would make an offer that includes 3 years of informal probation and a stay away. The variables are whether they ask for any jail time, community labor time or just a fine. Usually these cases are glorified shoplifting cases where they have evidence that you had the intent to steal upon entering the store. If that is the case, there may be specific defenses available based on the store's knowledge as imparted by their loss prevention employee.
If you ask your attorney what the offer is and put that in your question, those of us who work in that court every day can tell you if it is reasonable. But first just discuss it with your attorney who should tell you what the offer is at this point.


Discuss this with your attorney. He will have some idea of what you are facing.



If you have an attorney, that has already made an appearance on your case, and has all the relevant information, why wouldn't you be asking your attorney that question?

We have no idea what your case looks like so how could we tell you what to expect?

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


The worst-case scenario for a misdemeanor burglary is a year in county jail. If convicted, you might get probation, with time served.

However, before you get ANY punishment, you would have to be convicted. If your case is dismissed, or you are found not guilty at trial, then you walk away.

Which of these outcomes is most likely? Your attorney can answer that question after reviewing all of the evidence and other important factors, like your criminal record, but strangers on the Internet can only guess.

I offer a free consultation to potential clients with criminal cases in counties within 100 miles of Chico, California. I do not accept telephone calls regarding my posts on Avvo. If you need more information, please use the "comments" button or post another question. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.


An additional observation based on your question...

You said "he knows all the DAs" . . . we all know each other. If that was their main selling point, make sure you know that - friendly or not - no DA is going to tank their career or do something unusual just because your attorney is "friends with them".

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


Why are u asking us? Ask the attorney who knows all the DA's.......


A misdemeanor is available only for commercial burglary charges. It carries up to one year in county jail, $1000 fine and/or summary probation.

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