Can my misdemeanor for petty theft be lowered to an infraction if the theft was over 50 dollars?

A great deal will depend on other factors and the presentation to the prosecution, along with the prosecutor's mood. Possible, but may need several appearances. Good luck.

You seem to have a pretty good understanding of the law here. Generally, infraction petty thefts are for when the value of the items taken is under $50. Still, if there are some holes in the government's case, you have no record and the prosecutor is agreeable, you may be able to get an infraction. You may need to push your case closer to trial to get the deal you're looking for. As to whether the sale price would apply, that depends on what evidence of the sale is available. The seller's advertised price is determined to be the value, but the LPOs and/or police may not have noted that the items were sale items. If the sale value was substantial, it may be worth gathering some evidence that the items were on sale at the time. Best, Nicholas M. Loncar, Esq. t: 323.803.4352 | f: 323.617.3838 www.iDefendLosAngeles.com [email protected] Sunset Law Building | 1295 W Sunset Blvd Los Angeles, CA | 90027

There are ways to minimize the effects this case will have on you. Call an attorney to discuss.

I agree with my colleagues. You ask about the judge, though. The judge will only be making a decision if you go to trial and both sides agree to a bench trial. Otherwise, you are looking to the prosecutor for an offer (plea bargain). Additionally, the value of the items can be original price - case law supports such a valuation, but typically the DA in the packet of discovery will have a statement of the loss- either through a receipt or a statement from an employee. They will probably go with the sales price.

The answer is yes. What I recommend is that you really turn on the equities of the case. Enroll in and complete a shoplifting prevention course. There are several such programs online. The National Association of Shoplifting Prevention has two courses. The shorter one will suffice - it is about $40 and takes about three hours to complete. When you finish the course, you'll receive a certificate that you can then show your attorney to present to the prosecutor to ask for a 490.1 infraction. There is another similar class on the Tom Wilson Counseling Center online classes. Next, I would write a short essay on why shoplifting is a crime. Don't admit anything as to your case, but just discuss shoplifting in general terms. Lastly, I would approach the store to see if you can pay their loss prevention expenses. If they want you to pay such expenses, do so and submit your payment with a cover letter that states payment is being made pursuant to Penal Code sections 1377 and 1378. 1377 and 1378 allow dismissal of the case, so if the merchant does accept such payment, you can file a motion for civil compromise, which will dismiss the case, which is better than lowering the charge to an infraction. Best of luck.

Even a petty theft infraction will be a crime of moral turpitude and look terrible on your record. Many times, if your case is handled properly, the case can be dismissed or settled for a trespassing or disturbing the peace infraction, rather than a petty theft, even if the amount of the theft is over $50. It will depend case by case. You should contact a local criminal defense attorney for a free consultation to discuss you case further.

You should speak with attorneys here in San Diego about your case. Each court in the county handles petty theft cases differently. You need someone who knows how to approach the case and what the prosecution will want you do to for a reduction or dismissal.

A lot will depend on the attorney you hire, and the courthouse where your case will be heard. Stop worrying and speculating and hire yourself a quality, locally experienced criminal defense attorney ASAP.

It can. You have to know what the prosecution wants top see before you do it. As a former prosecutor there are several ways to work on getting a favorable resolution. Find an attorney who gives free case evaluations and see what your options are It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free evaluations as soon as possible. Good luck. Law Offices of Mark Deniz-We give free case evaluations 1010 2nd Avenue, Suite 2307, San Diego, California 92101 (858) 751-4384 Free Case Evaluation- Serving all San Diego County. www.denizdefense.com