| When a Petty Theft has Anything but Petty Consequences |
| With the Twilight sequel New Moon premiering in Los Angeles and elsewhere this week, it got me thinking. In California, when an individual has a theft offense on their record, the second time (a sequel, if you will) can have severe and much more serious consequences. California Penal Code Section 666 makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a theft-related crime at any time in the past. The technical name for the charge is petty theft with a prior. In certain cases, a person with two prior felony convictions has been charged with a third felony for committing a minor shoplifting crime. Even more significantly, if one of the two previous felony charges had involved stealing in any manner then the shoplifting conviction, thus upgraded to a felony, would result in a mandatory sentence of 25 years to life in prison under the Three Strikes law. As I previous;y have written, stealing a slice of pizza ultimately can result of a sentence of 25 years to life in prison. Over the years, I have defended numerous individuals who have found themselves facing this very daunting prospect. In Ventura County, a special committee within the District Attorney's Office reviews all Three Strikes matters such as this. You actually have write a lengthy petition letter to that committe for the D.A.'s Office to even consider whether or not to proceed on a Three Strikes basis. Other jurisdictions, such as Los Angeles and Orange County are less stringent in the filling and prosecution of these matters. In Orange County, there are many theft related programs that the D.A.'s Office is willing to consider, even in the more aggregious cases, that may allow a defendant to participate in an informal diversion program and complete some kind of class after which the case is dropped completely; The accused then is in the same positioncas if the arrest never even occurred in the first place. The same holds true in many Los Angeles courtrooms as well. The key in all of these cases is to have a criminal defense attorney who is both aggresive and creative. The criminal lawyer must take all facts and circumstances, including potential immigration consequences, into account. Just taking a case and "pleading" a defendant out may be easier but it absolutely is never the best approach. When a defendant has a prior theft offense and has served one day in jail (being booked fulfills that requirement) they can ill afford any non-aggresive approach. Even for a first offense, it is imperative that a criminal attorney not set their client up for future violations and long-term serious consequences by not defending the individual to the fullest extent possible. At the Law Offices of Richard M. Sudar, we understand what's on the line. We believe that experience counts and only the finest representation is appropriate. So if you, a friend, or loved one is charged with any type of theft related offense, including petty theft with a prior, anywhere in Southern California, your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112. Please visit our interactive website by simply clicking here for immediate assistance. Remember, you can afford the best defense! |
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Posted By Richard Sudar on November 21, 2009 11:52 pm | Permalink  |