Found an issue on this page? Let us know and we will look into it as soon as possible.
Are there any other options for by boyfriend to do instead of serving time in jail?
Anonymous4 views3 answers
Hello, my boyfriend recently got arrested for burglary and posted bail. He was at Wal-Mart with a friend who was stealing make-up and they got them both. I’m not sure if they did or they were going to put possession on it as well as there were drugs found in his friend’s car but none on him. He has priors and was about to get off parole so I don’t know how all this works and thought maybe you could please clarify things a bit. I just wanted to know what the process once we go to his court date in October and if he had any options. Is there a way to keep him out of jail? He said he was not eligible for a program and would like to know of any other things he could do.
The short answer is, it depends. If he had a petty theft case, that wouldn't require jail. The jail won't even take him when he's arrested. But when there are priors, petty theft is one of those crimes that gets worse with priors. I've seen petty theft defendants go to prison for a long time with the 3 strikes law. So it really depends on those priors. It would help immensely if we could talk on the phone and I can look up his cases.
His options depend on the specific facts of what happened, which he needs to discuss with an attorney in private before his court date. He should meet with a few and choose the one he feels most comfrotable with. Most offer free consultations including those in my office. If he cannot afford a private attorney, he should request a public defender at his first court date. There is always the option of taking it to trial, but whether that is a wise decision depends on the facts and is a decision he should make with his lawyer after serious consideration of the facts and potential consequences.
Michel & Associates, PC
(562) 216-4444
His primary concern is probably having his parole violated. The burglary issue depends on whether it can be proven that he entered the Wal-Mart with the intent to shoplift instead of forming the intent after entering the store. Whether he actually took anything is also a primary issue, but technically, all that must be proven is that he "intended" to for a second degree burglary conviction, which would surely be a parole violation. Best of luck.
