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.
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
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.
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 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.
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.
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.
Southern California Criminal Defense Attorney
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".