QUESTION
Am I risk for going back to jail for a petty theft?
Asked on Jun 28th, 2012 on Criminal Law - California
More details to this question:
I have court 7/6/12 and i have a charge of petty theft with a prior. i was given 90 days work release and fines. at the time i was in my first trimeter pregnant with my son. i missed my first day of work release and didnt go sign back up due to not having funds to pay for work release. im not trying to get it all reinstated and now im fearful of going to jail to serve my full 90 days. is there some other deal i could ask for. im a single parent and the other parent is incarcarted at the moment. am i at risk of going back to jail or getting more work release days?
7 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will probably have to do the time. California gives credits which reduce your jail term, but the judge may want more time for failure to do your work release program.
Answered on Jul 16th, 2012 at 8:05 AM
Yes, you can be sentenced to go to jail as you have violated the terms and conditions of the work release program you were placed on. I would strongly urge you to contact your probation officer or the work release folks and explain your situation of being pregnant and being the sole parent to your child. Further, I would recommend you not wait on taking these steps.
Answered on Jul 11th, 2012 at 10:09 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possibly, but it will up to the discretion of the judge who sentenced you. I strongly suggest that you contact the attorney who originally represented you in court or another experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jul 11th, 2012 at 10:05 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anything is possible. How likely is a different story. When you disregard the court orders and authority, they are not going to be friendly when you return on your probation violation charge with lame excuses why you didn't deal properly with this at the time. Yes, you face potential jail time on each charge. It is up to your attorney to minimize that. Since you've indicated you can't afford private counsel, then apply for the public defender when you first appear in court, and follow his advice.
Answered on Jul 11th, 2012 at 8:37 AM
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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YES! SORRY TO TELL YOU THAT WITHOUT MONEY, YOU ARE "DEAD IN THE WATER" AND WILL BE VICTIMIZED BY THE CRIMINAL JUSTICE SYSTEM WITHOUT THE ASSISTANCE OF A "PRIVATE DEFENSE ATTORNEY" AND NOT A FREEBEE.PUBLIC DEFENDER.
Answered on Jul 10th, 2012 at 6:32 PM
You are absolutely at risk of going back to jail, especially if you show up to court by yourself with no good excuse.
Answered on Jul 10th, 2012 at 4:41 PM
Administrative Law Attorney serving Beverly Hills, CA
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Law Office of Jacob I. Kiani
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If you failed to show up at your work release, I would say yes you're facing more work release or jail time. You should try and speak to prosecutor before hearing. Ideally you would hire a lawyer to handle that part. But generally yes, urge him or her to consider options for punishment other than jail, which is the worst case scenario. Please continue reading after the signature block for important legal notices.
Answered on Jul 10th, 2012 at 4:31 PM