Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Default 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty Theft

    State i lived in: CA

    13years ago, i got convicted petty theft 490.1 conviction= INFRACTION for $40

    Recently now, i got citation for second offense petty theft 484/488pc citation with MISDEMEANOR charge, court date 2/10/09. $110

    questions:
    1. If i plead guilty: will they convicted me as FELONY charge (California 3 strikes). and am i going to jail?

    2. Anyway i can reduct second charge to INFRACTION again or diversion program to dismiss the case?

    Thanks

  2. #2
    Join Date
    Jan 2009
    Posts
    3

    Default Re: 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty T

    1st one infraction = 20years old

    now, second one= 33 years old

    where: ca, san jose

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty T

    Quote Quoting peterng247
    View Post
    1st one infraction = 20years old

    now, second one= 33 years old

    where: ca, san jose
    For three strikes to take effect, there would have to be three crimes.

    You get one bite at the diversion apple... and you already had yours.

  4. #4
    Join Date
    Jan 2009
    Posts
    3

    Default Re: 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty T

    so, after the most recently petty threft, mean i have 1 strike?
    Again questions:
    1. If i plead guilty: will they convicted me as FELONY charge and am i going to jail?

    2. Anyway i can reduct second charge to INFRACTION again or diversion program to dismiss the case?

    Thanks

  5. #5
    Join Date
    Mar 2008
    Posts
    138

    Default Re: 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty T

    Ca. 3 strikes law applies only where the first two strikes are serious/violent felonies. Your petty theft is not a strike. However, Ca often charges second offence petty theft as felony burglary. You said this is being charged as misdemeanor? Jail is possible for second petty theft, but not certain.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction
    By octempest in forum Criminal Charges
    Replies: 5
    Last Post: 05-28-2011, 10:50 PM
  2. Retail Fraud / Shoplifting: Petty Theft Infraction vs Expunged Misdemeanor
    By iwndae in forum Criminal Charges
    Replies: 3
    Last Post: 03-16-2010, 03:28 PM
  3. Retail Fraud / Shoplifting: 484 a Misdemeanor Petty Theft, First Offense
    By sorry41.99 in forum Criminal Charges
    Replies: 4
    Last Post: 11-28-2009, 09:27 PM
  4. Retail Fraud / Shoplifting: Petty Theft Chrage 484-488PC Caught At Kohls In California
    By q&a in forum Criminal Charges
    Replies: 2
    Last Post: 01-30-2008, 04:40 PM
  5. Retail Fraud / Shoplifting: Petty Theft 488 misdemeanor dropped to 490.1 infraction
    By vipcard99 in forum Criminal Charges
    Replies: 4
    Last Post: 11-12-2006, 01:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources