Being charged with petty theft sincerely seeking advice from all of you

[mcheryl]

Being charged with petty theft sincerely seeking advice from all of you (revised)

What is the name of your state?What is the name of your state? California.

I am currently facing a petty theft charge and am wondering whether I should go for a public defendant or a private attorney. I really cannot pay much to hire a private attorney, but I am afraid that a criminal record may be placed on me.

1) What are the possible punishments on me with no previous adult record? I have a sealed juvenile record and, according to my free consultation with some private attorney, it will not affect my adult record. Is that true? Does it mean that I will not need to disclose it at my court appearance?

2) Since I have no experience with public defendant, can anyone tell me whether a public defendant can help me to reduce my punishment to the lowest if I plea guilty at court? The private attorney with whom I consulted for advice scared me by saying that public defendant is reluctant to go again the DA. Is that true?

3) My most important question is does probation mean putting a criminal record on me? How can I obtain a diversion program? What are the available diversion programs? Is there any way of preventing a record to be placed on me, as I am in the process of applying for a green card and am worried about it being affected by my mistake?

Sorry for all these questions, but I am very anxious now and will like to seek some advice from all of you. I will appreciate anyone who can give me answer to any question being asked here.

Cheryl

 

[papercut]

Private attorneys are usually more motivated to do a better job on your case. Their income depends on their reputation. Some Public Defenders are harder workers than others though but probably have less time to spend on your case than a private attorney. Go out and interview some private attorneys and see if you can come to a reasonable agreement with one you like.

 

[calatty]

You should not hesitate to go with the public defender if you qualify. Public defenders in CA tend to be highly qualified and zealous in representing their clients. It is simply untrue that they are reluctant to go against the DA - that is their job. The PD can get you the same disposition, such as diversion, as a private attorney.

 

[grasmicc]

You are better off going with a PD than a cheap, third-tier, private attorney.

 

[garrula lingua]

PDs are familiar with the court & the DA & frequently can get better deals than private attorneys.

 

[mcheryl]

As my most important question has not been answered yet, I will like to post my questions one again and hope that some one here knows about it. Please feel free to provide answers to my other questions if you intelligently know them.

 

[DRTDEVL]

Well, that depends on what is on your "sealed" juvenile record...

Trust me, the Court and DA have access (as well as other government agencies). If it was any type of theft/larceny... You can BET on having a record this time, since you didn't learn last time.

 

[mycarlb]

As far as a diversion program... they MIGHT be willing to give you a 6 month ACD, depending on the larceny... what did you steal? Your Public Defender can ask the DA for that... which means that if you stay out of trouble for the next 6 months then they will dismiss the charges against you.... If you are placed on probation then you have plead guilty and yes, it will go on your record as such. Probation is the punishment.

 

[mcheryl]

Well, that depends on what is on your "sealed" juvenile record...

Trust me, the Court and DA have access (as well as other government agencies). If it was any type of theft/larceny... You can BET on having a record this time, since you didn't learn last time.

Is that really true? Those private attorneys told me that a sealed juvenile record will not affect my adult record. When the juvenile record is sealed, isn't it true that after certain years that record will be destroyed?

As far as a diversion program... they MIGHT be willing to give you a 6 month ACD, depending on the larceny... what did you steal? Your Public Defender can ask the DA for that... which means that if you stay out of trouble for the next 6 months then they will dismiss the charges against you.... If you are placed on probation then you have plead guilty and yes, it will go on your record as such. Probation is the punishment.

What is ACD? Things that I stole were a mini iPod and a wired control and cost $228 in total. Will I still be qualified for it? I have learned a lesson from this incident, and it is very painful. I can never realize how serious this incident can impact me. I completely understand my mistake and extremely regret about what I have done. I sincerely ask for the kindness from all of you in this forum to give me some advice on what I can do prior to my court date to help keeping this charge off of my record. I am a good student with high GPAs and have earned scholarship and awards in the past. If I have a record, my future will be ruined. I know it is too late to say all this right now, but I have already learned my lesson and hope the judge can give me one chance.

 

[mcheryl]

To all the kind individuals in this forum willing to offer me some advice ...

Questions that I sincerely ask for advice from all of you:

What are the possible punishments on me with no previous adult record? I have a sealed juvenile record and, according to my free consultation with some private attorney, it will not affect my adult record. Is that true? Does it mean that I will not need to disclose it at my court appearance?

Does probation mean putting a criminal record on me? How can I obtain a diversion program? What are the available diversion programs? Is there any way of preventing a record to be placed on me, as I am in the process of applying for a green card and am worried about it being affected by my mistake?

 

[CdwJava]

What are the possible punishments on me with no previous adult record?

Possible? Jail, restitution, probation and a fine. Likely? Fine, restitution, and probation for a couple of years.

I have a sealed juvenile record and, according to my free consultation with some private attorney, it will not affect my adult record. Is that true? Does it mean that I will not need to disclose it at my court appearance?

It may only be applicable at sentencing if alleged as a prior. However, I am not completely certain it can be used for that purpose.

Does probation mean putting a criminal record on me?

A conviction means a criminal record. Probation comes about as a result of a conviction. However, if you are granted probation as part of diversion, the arrest and conviction may be expunged if you keep your nose clean. However, given that you have a juvenile record, I wouldn't count on diversion.

How can I obtain a diversion program? What are the available diversion programs?

Ask your attorney. These can vary by county.

Is there any way of preventing a record to be placed on me, as I am in the process of applying for a green card and am worried about it being affected by my mistake?

Go to trial and be found not guilty ... that will prevent a conviction and a criminal history resulting in a conviction.

- Carl

 

[mcheryl]

It may only be applicable at sentencing if alleged as a prior. However, I am not completely certain it can be used for that purpose.

Then under what circumstance will I need to disclose my sealed juvenile record? I have spoken to two private attorneys, one said that as it is a juvenile record and is sealed, it does not have any effect on my adult record. Another said that the Court and DA will have access to it and as the DA needs to find every possible evidence to prosecute me. May you please tell me which is more correct?

A conviction means a criminal record. Probation comes about as a result of a conviction. However, if you are granted probation as part of diversion, the arrest and conviction may be expunged if you keep your nose clean. However, given that you have a juvenile record, I wouldn't count on diversion.

Is diversion the same as probation? Does diversion still mean putting the charge on my record? Can the probation be given not as part of diversion? If so, can it be expunged?

BTW, do you know what is ACD? Things that I stole were a mini iPod and a wired control and cost $228 in total. Will I still be qualified for it? I have a good student with high GPAs and have earned scholarship and award in the past. Is there anything I can do to help reducing the punishment of my case to the lowest? This is a painful lesson that I am sincerely regretted about what I have done. Hope you can help me!

 

[CdwJava]

Then under what circumstance will I need to disclose my sealed juvenile record?

A "sealed" record is generally sealed from PUBLIC scrutiny. The DA can review it for whatever he can use from it.

The record is not evidence of a crime but it can be used to enhance penalties under some circumstances.

An attorney familiar with YOUR case could tell you how your record can be used.

Is diversion the same as probation? Does diversion still mean putting the charge on my record? Can the probation be given not as part of diversion? If so, can it be expunged?

Diversion is not the same as probation. You can be on probation while under diversion. Diversion generally means the record is expunged at the successful completion of diversion.

BTW, do you know what is ACD?

Maybe if you told me what it stood for. Abbreviations are good only if everyone knows what they stand for.



- Carl

 

[mcheryl]

I do not know what ACD stands for also. I know about it from the reply from another kind person at the forum:

As far as a diversion program... they MIGHT be willing to give you a 6 month ACD, depending on the larceny... what did you steal? Your Public Defender can ask the DA for that... which means that if you stay out of trouble for the next 6 months then they will dismiss the charges against you.... If you are placed on probation then you have plead guilty and yes, it will go on your record as such. Probation is the punishment.

So do you know what does ACD stand for and am I qualified for it, given the fact that I have a sealed juvenile record? Given the fact that I have a sealed juvenile record, is it possible for me to still obtain a diversion or probation? If I get a probation, will I be able to expunge it after my completion of it? After expungement, will my green card processing still be affected by my charge? Also, are you aware of the possibility of postponing my arraignment, as I may not be able to attend it? Thanks.

 

[mcheryl]

Need urgent advice!!!

What is the likelihood that I can get my $228 petty theft charge to go from a misdemeanor to an infraction? Will it help if I get a private attorney or a public defendant for my case then, given I have a sealed juvenile record? I do not want to waste a lot of money hiring a private attorney when at the end I still being charged as a misdemeanor. Also, do any of you know that whether the arraignment can be postponed? I need more time to organize myself for my case. Thank you very much.