North Fair Oaks, CA Criminal Defense Law Firms & Lawyers

It's impossible for anyone to predict the future. Legally, it is certainly possible to get jail time for a second petty theft offense. Whether or not that will actually happen is difficult to answer. It depends on many factors. The strength of the evidence against you. The age of your prior. The DA. The Judge. What you need to do is consult with a local criminal defense attorney. With all of that being said, I would certainly hope that jail time would not result from a $12.00 loss.

It is entirely up to the DA what criminal charge[s] to file, based upon what he thinks he can prove. Youll know the actual charges filed when you are Arraigned at your first court appearance. When charged with a misdemeanor, you face up to 6-12 months in jail, plus fines up to $1000 on each count. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence, and on your record and priors, or lack of. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If you can't afford private counsel, you can apply for the Public Defender at your first court hearing. Whether or not the company files criminal charges, they can sue you to collect their damages. Even if you pay their demand, they can still file criminal charges. Consult with your attorney before doing anything.