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My 23 year old son was ticketed for shoplifting twice within a 3month period.. At his last court appearence they offered him 18

Healdsburg, CA |

months probation and 20 days in jail.( He has no prior record) Does this seem excessive? What happens if he doesn't tae the deal and goes to trial?and Finally is there any way to get this misdemeaner off his record after the probation

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Attorney answers 5

Posted

18 months probation is pretty good considering two separate theft cases.. Normally, a court would impose 36 months probation on these charges. Is the value of the theft under 50.00? As a former DA, 20 days in the work release or ankle monitor sounds about right for two cases but it depends on the amount of the thefts. Talk to an attorney because after a third theft, he would face felony charges. If he goes to trial, the punishment would likely be more severe unless he is acquitted. He can "expunge" the record after successfully completing probation but if he picks up future theft cases, these will certainly be an issue for filing a felony. Even after expungement, he would have to disclose convictions for certain types of employment or licensing boards. Do him a favor and see an attorney.

Posted

I agree with my colleague that the offer is not completely out of bounds. A theft conviction and incarceration is, obviously, pretty serious. Get competent counsel for your son. Don't risk it to self-representation. www.taubcrimknaldefense.com

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

Posted

It's difficult to determine whether that is a good deal without knowing more facts and details about the cases. You should contact a local or nearby attorney and speak to them further regarding the facts of your son's case. As far as what could happen to your son if he went to trial, again this can be best answered by an attorney who knows more about your case and the exact charges in the cases. Misdemeanors can be expunged if your son successfully completes probation and pays all fines and fees.

Posted

I assume "20 days in jail" can be converted to a county administered work release or ankle monitor program. Whether this is a "good offer" depends on the strength of the evidence, the judge's likely sentence if your son is convicted, and the local DA's offers on comparable cases. You should hire a local defense attorney.

Posted

The offer is good. Can it be improved? Maybe, his behavior appears to be a aberration. Has he seen a psych? Does he understand what the problem is? Is he taking additional action to change his behavior? Many reputable attorneys offer a free consultation. Meet with one or more in your jurisdiction to determine what strategy to take.

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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