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  1. #1

    Default Burglary Felony with a Petty Theft Reduced to Trespassing

    My question involves criminal law for the state of: CA

    i was charged with a petty theft misdemeanor which was then reduced to a trespassing charge with a 2 year probation in March of this year/

    5 months later, now i was an idiot and got caught shoplifting again except this time i was charged with burglary as a felony for a $75 item. i was booked this time and spent a night in the holding cell.

    what kind of consequences do i face if i get myself a lawyer vs public defender? i fit the profile of a kleptomaniac, compulsive theft of minor items even when useless, can i possibly enter a program to help my claim to show evidence that i'm trying to correct my ways?

    i'm worried about violating probation and the prior petty theft on my record eventhough its been reduced. what are my chances on reducing jailtime if any to community service?

    i am a full time student at UCSD in my last year of college who's finally learned my lesson with plans to look forward to in the future. how can i plead, any advice as to actions i can take?


    thanks soooo much!!

  2. #2
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    Mar 2008
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    138

    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    the outcome of this can vary greatly, depending upon the disposition of the court and the qaulity of your attorney. unfortunately, this is a serious thing now since it's been filed as a felony. the judge can impose the suspended sentence for the trespassing and violation of probation, in addition to a new, enhanced penalty for the second offence. Some jail time ( a very short period) is possible but not certain. you should spend about 5-6 thousand on an attorney, anything less than that would be very risky in such a case. many times inflated felonies of this type can be reduced with a good attorney.

  3. #3
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    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    Quote Quoting curiouscurious
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    5 months later, now i was an idiot and got caught shoplifting again except this time i was charged with burglary as a felony for a $75 item. i was booked this time and spent a night in the holding cell.
    Love how you worded this!!!

    what kind of consequences do i face if i get myself a lawyer vs public defender?
    Funny, I always thought public defenders were lawyers too!!! They did after all go to college, obtained a law degree, and have been barred by their respected state. It's your call. Want to pop out 5 grand for a "real" attorney? Or do you want a free public defender who, by the way, also happens to be a real attorney!?!? I don't think the outcome will be muchdifferent.

    i fit the profile of a kleptomaniac, compulsive theft of minor items even when useless, can i possibly enter a program to help my claim to show evidence that i'm trying to correct my ways?
    Wouldn't hurt!

    i'm worried about violating probation and the prior petty theft on my record eventhough its been reduced. what are my chances on reducing jailtime if any to community service?
    It's possible. It will probably be a short stay though.

    i am a full time student at UCSD in my last year of college who's finally learned my lesson with plans to look forward to in the future. how can i plead, any advice as to actions i can take?
    A full time student at one of the best schools in the country? *shakes head* Defendants come in all classes.

  4. #4
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    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    I'd pay for an attorney if possible, you're degree may likely become worthless. No greater risk to an employer than a thief who's smart and educated.

  5. #5

    Thumbs up Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    thanks for the helpful reply mouser! blueeagle however, despite senior member status your reply wasn't constructive at all, simply a response to my writing after perusing the threads available. it would be great though if you could give me any helpful feedback to the situation via experience through the threads and whatnot, thanks again blueeagle!

    best,
    curiouscurious

  6. #6
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    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    By the way, if you were a true kleptomaniac, you wouldn't be able to stop just because you wanted to.

    That is the definition of the term.

    Believe it or not, BE WAS giving you valuable feedback. He was talking to you the way the judge will.

    You need to get these charges under diversion or they will come back to haunt you for any job you may want to obtain.

    I don't give you much of a chance, though.

    You have to try, though... or you will be denied any job that does a criminal background check for employment or license.

  7. #7
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    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    Quote Quoting curiouscurious
    View Post
    thanks for the helpful reply mouser! blueeagle however, despite senior member status your reply wasn't constructive at all, simply a response to my writing after perusing the threads available. it would be great though if you could give me any helpful feedback to the situation via experience through the threads and whatnot, thanks again blueeagle!

    best,
    curiouscurious
    What my advice? Keep your mouth shut. Remember, anything you say can and WILL be used against you in a court of law!!! Get an attorney. Are you indigent? to the point you cannot afford legal counsel? Fine. When you get to court, request a public defender be appointed to represent you. And lastly, be sure to follow your attorney's advice to the LETTER. These people went to school for these kind of things.

    OH YEAH!! Quit stealin'!!!

  8. #8
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    Default Re: Burglary Felony with a Petty Theft Reduced to Trespassing

    Quote Quoting cyjeff
    View Post
    By the way, if you were a true kleptomaniac, you wouldn't be able to stop just because you wanted to.
    Speak from experiance? KIDDING!

    Believe it or not, BE WAS giving you valuable feedback. He was talking to you the way the judge will.
    Trying to suck up to me, huh?? Wise choice! I'm going to be the next president!!

    You know, Jeffery, you might be alright!!! I didn't really like you when we first met. I thought you were just some know-it-all who considers himself better than everybody else. I still think that, but you're alright!!!

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