I had a public defender and he asked for a couple extentions for my case, I have a complex case, I qualify for the prop 47 case, however it is an automobile I was charged with attempted grand theft auto, the car was an 1986 Toyota pickup in poor condition. I hired a lawyer two weeks before my next court date and it wasn't enough time for him to find records and the price of the car for me, when he went to court with me he requested an extension and the DA and Judge were so quick to deny it even tho my lawyer explained in lawyer terms how he was just hired and needs more time for this case and they still denied him. Anyhoo my lawyer explained that if I didn't withdraw then I would lose! I withdrew and now I'm wondering if we can re- petition again
The appellate courts are still figuring out exactly what Prop 47 means. It's unclear whether or not it applies to some auto theft cases.
The DA and judge probably took the position that your offense was not eligible. It's probably best to wait until the Court of Appeal works out the issues. You have three years from the date Prop 47 passed to file your petition.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
Speak with your lawyer. You may certain re-petition and the worst that can happen is the petition is denied. As Mr. Marshall so expertly points out, many details of Prop. 47 are still working their way through the appellate courts and the trial courts are overwhelmed with petitions/applications. I hate to be the bearer of bad news, but even a misdemenaor theft conviction will have devastating consequences for you when it comes to pre-employment background checks. Prop. 47 is no panacea.
San Diego Criminal Defense Attorney--20 years experience
I agree with my colleagues. Without knowing what the charge is, the reason for withdrawal, and your criminal history it is impossibleto say what will happen but you certainly can repetition.
Yes, since the Petition was withdrawn, it wasn't denied. You can refile it. It shouldn't have taken more than 2 days to find the value of the car. Your attorney might have meant he wasn't able to find a source that placed the loss below the $950 benchmark for reduction.
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