November 26, 2013 By Paul Wallin

Top Orange County Criminal Defense Lawyer Matthew B. Wallin Negotiates Dismissal of Petty Theft Charges Against Client – PC 484, 488

A Wallin & Klarich client recently avoided a county jail sentence and court fines after her Orange County criminal defense lawyer Matthew B. Wallin negotiated a dismissal of the petty theft charge against her.

Orange County criminal defense lawyer
Orange County criminal defense lawyer Matthew B. Wallin negotiated a complete dismissal of a petty theft charge for a Wallin & Klarich client recently.

Skilled Wallin & Klarich Attorney Matt Wallin reached an agreement with the prosecutor on a client action plan in lieu of a conviction and jail time. If convicted, our client faced up to six months in county jail and $1,000 in court fines.

“Theft cases give rise to numerous complex legal issues,” said Mr. Wallin. “Often times, the specific intent or mental state of my client will be at issue. Through proper investigation, I can make a tremendous difference for my clients facing allegations of theft.”

According to the record from the Harbor Justice Center, our client was detained and cited for petty theft (PC 484, PC 488). Understandably, our client was quite fearful of the potential consequences for a conviction for a crime of “moral turpitude.”

After meeting with our client to discuss the alleged facts leading to the charges, Mr. Wallin reached out to the district attorney. Attorney Wallin discussed the surrounding circumstances of the case and highlighted the fact that our client did not enter the retail store with the intent to steal. Following a series of extensive negotiations, the prosecutor agreed to an alternative to a conviction which would result in a dismissal.

Due to Mr. Wallin’s commitment to achieving the best possible result, our client did not serve any jail time, pay any fines or receive a misdemeanor conviction on her criminal record.

The Orange County Criminal Defense Lawyers at Wallin & Klarich Can Defend You from Theft Charges

The aggressive theft defense attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients accused of petty theft. Our attorneys are well-versed in all of the defenses to a petty theft charge. Our law firm would like to provide you with information regarding a few common petty theft misconceptions. The following are NOT defenses to a petty theft charge:

  • “I didn’t use or benefit from the stolen property”
    • If you intended to deprive another of his or her property, you may be convicted of petty theft. It does not matter whether you used the stolen property or derived any personal benefit from it.
    • Example: Your friend’s iPhone recently broke. You decided to shoplift a new iPhone for your friend. You may be convicted of petty theft even if you did not use the iPhone or derive any benefit from it.
  • “The person that I stole the property from wasn’t the owner of the item”
    • The victim of the alleged theft does not have to be the owner of the property as long as he or she was in possession of the item.
    • Example: After a game of pickup basketball, you stole a pair of Nike shoes from one of your opponent’s gym bag. The victim had been borrowing the shoes from one of his friends. In this situation, you may be convicted of petty theft because the shoes were in the victim’s possession at the time you stole them.
  • “I stole the property in order to give it back to the true owner”
    • Stealing property with the intention of returning it to the rightful owner is not a defense to a petty theft charge.
    • Example: You noticed a classmate using a tablet that you believed belonged to your friend. You decided to steal your classmate’s tablet in order to return it to your friend. You may still be convicted of petty theft of the tablet.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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