An arrest in California is overwhelming for the person taken into custody and for their family. In those first hours and days, what you do (and what you don't do) can determine the entire direction of your case. The critical window between arrest and arraignment is when the strongest defense work happens. That is why acting quickly matters more than anything else.
At My Rights Law, we respond immediately after an arrest. Our attorneys can visit you or your loved one in custody through immediate confidential jail visits, begin building a defense strategy, and intervene with the District Attorney before charges are even filed. This pre-filing window is often where cases are won.
If you or someone you care about has been arrested, call us now at (888) 702-8845 for a free, confidential consultation. We are available 24/7.
California law requires that a person arrested without a warrant be brought before a judge within 48 hours of arrest, excluding weekends and holidays (California Penal Code § 825). This means the clock starts running the moment the arrest happens. During this window:
This is the pre-filing intervention period, and it is the single most important window in any criminal case. Once charges are formally filed at arraignment, you are reacting instead of controlling the outcome. A private criminal defense attorney can be working for you during this entire window. A public defender, by contrast, is not assigned until arraignment.
If you are the person arrested, remember two things: you have the right to remain silent and the right to an attorney. Do not answer questions about the alleged crime without a lawyer present. Be polite and cooperative with officers, but clearly state that you are invoking your right to remain silent and that you want to speak with an attorney. Anything you say, even casual conversation, can be used against you.
For more on how these rights work, see our page on Miranda Rights.
This is the most important step you can take. Call My Rights Law at (888) 702-8845 as soon as possible. An experienced attorney can:
The sooner an attorney is involved, the more options are available. Early intervention has resulted in charges being rejected before they were ever filed in many of our cases.
After an arrest, the person is transported to a local police station for booking and then transferred to a county jail or detention center. In Southern California, common facilities include:
You can locate an inmate using the county sheriff's inmate locator system online or by calling the facility directly. For more guidance, see our page on How to Find Someone in Jail in California.
Bail is the amount of money required for an arrested person to be released from custody while their case is pending. In California, bail amounts are set by each county's bail schedule based on the charges. There are several ways to post bail:
Some offenses, particularly serious felonies, may not be eligible for bail. A criminal defense attorney can argue for reduced bail or OR release at the bail hearing.
For a detailed guide, see How Bail Works in California and How to Get Someone Out of Jail.
The arraignment is the first formal court appearance after an arrest. This is where:
If you have an attorney before arraignment, they can enter a not guilty plea on your behalf, argue for favorable bail terms, and begin challenging the prosecution's case from day one. If you do not have an attorney, the court will appoint a public defender at this stage, but by then, the pre-filing intervention window has already passed.
Learn more about what to expect on our page about Understanding Arraignment in California.
Talking to police without an attorney present. Anything you say can and will be used against you. Even seemingly harmless statements can be twisted by prosecutors. Invoke your right to remain silent and ask for your lawyer.
Waiting to hire an attorney. The pre-filing period is the most valuable window in your case. Every hour that passes without legal representation is an hour the prosecution is building their case while no one is building yours.
Posting on social media. Do not post anything about your arrest, your case, or your whereabouts on any social media platform. Prosecutors and investigators routinely monitor social media and can use your posts as evidence.
Missing court dates. Failing to appear at your arraignment or any subsequent hearing will result in a bench warrant for your arrest and can lead to additional charges. If you are released on bail, show up to every court date without exception.
Discussing your case with anyone other than your attorney. Conversations with friends, family, or cellmates are not protected by attorney-client privilege. Only communications with your attorney are confidential.
At My Rights Law, we do not wait for arraignment to start defending you. Our approach to post-arrest defense includes:
Immediate jail visits. Under California Penal Code § 825, you have the right to see an attorney before your arraignment. Our lawyers will visit you or your loved one in custody to provide counsel, assess the case, and begin building a strategy. Learn more about our immediate confidential jail visits.
Pre-filing intervention with the District Attorney. We contact the DA's office immediately to present evidence, challenge probable cause, and argue for charge rejection or reduction before formal charges are filed. This is where our early involvement creates the biggest advantage.
Aggressive bail advocacy. We fight for the lowest possible bail or OR release so you can return home to your family and participate fully in your defense.
Thorough investigation from day one. We subpoena body camera footage, file Pitchess motions for officer credibility records, interview witnesses, and challenge the evidence before the prosecution has time to lock in their case.
Strategic defense through every stage. From arraignment through trial, or ideally through pre-trial dismissal, we build a defense designed to protect your rights, your freedom, and your future.
We created our After Arrest Services to guide you through every step of the process following an arrest in California:
An arrest does not mean a conviction. The sooner you act, the more options your attorney has to fight for the best possible outcome. At My Rights Law, we answer the phone 24 hours a day, 7 days a week, because we know that arrests do not happen on a schedule.
Call us now at (888) 702-8845 or fill out our secure contact form for a free, confidential consultation. We offer flat fee pricing and will begin working on your case immediately.
If you've been accused of petty theft in Rancho Cucamonga, it’s crucial to seek legal help as soon as possible. My Rights Law helps you understand the charges against you and provides skilled criminal defense attorneys to protect your rights.
Our law office has years of experience handling theft charges, including petty theft. It will guide you through the legal process, from pre-trial proceedings to representation in Rancho Cucamonga Superior Court.
Petty theft is a crime under California law that involves stealing property valued at $950 or less. The crime is outlined in California Penal Code Sections 484 and 488. Petty theft is treated as a misdemeanor in most cases and can result in fines, jail time, or both.
Understanding this law is important for anyone facing theft charges in the Inland Empire, including those from Rancho Cucamonga.
Petty theft is the theft of property worth $950 or less. This type of theft is different from grand theft, which involves stealing property valued at more than $950 or specific types of high-value property, such as vehicles (grand theft auto). Petty theft is often treated as a less serious crime, but it can still carry significant consequences.
To be convicted of petty theft, the prosecution must prove certain elements. These include unlawfully taking someone else's property, doing so without their consent, and intending to permanently deprive the owner of the property.
If the prosecution cannot prove any of these elements beyond a reasonable doubt, the charges may be dropped or reduced.
Petty theft and shoplifting are often confused, but they are different crimes. Shoplifting involves taking property from a store with the intent to steal, while petty theft can happen anywhere.
According to California Penal Code § 459.5, shoplifting specifically targets retail theft, whereas petty theft covers theft from other locations, such as private property or businesses.
Theft charges can range from minor offenses to serious crimes, and it’s important to understand the differences between them. Whether you are facing misdemeanor or felony theft charges, knowing the laws in Rancho Cucamonga, CA, can help you better prepare for your case.
There are many factors involved, such as the value of the stolen property and the type of crime committed. Below, we’ll explain some common theft-related charges and important legal concepts.
Misdemeanor grand theft occurs when someone steals property worth $950 or less, and this is treated as a less serious crime. However, felony grand theft happens when the stolen property is valued at more than $950. In this case, the charge is much more serious, and it can lead to harsher penalties.
For example, felony grand theft could result in a lengthy prison sentence, fines, or both. The property value plays a key role in determining whether the theft is a misdemeanor or a felony.
Burglary is a charge that applies when a person enters a building or property with the intent to commit a crime, such as theft. Even if no property is stolen, breaking into a home or business can still lead to serious consequences. On the other hand, trade secret theft is a specific form of theft in which someone steals confidential business information for personal gain.
Both burglary and trade secret theft can have severe legal consequences, and these crimes are often treated as felonies under California law.
The Three Strikes Law in California is a rule that means people with two prior felony convictions face life sentences after committing a third felony. This law is designed to punish repeat offenders more severely. Juvenile dependency, on the other hand, is when minors are involved in criminal cases, and the court needs to decide how to handle their situation.
While not directly related to theft, both concepts can play a role in how crimes are charged and sentenced, especially when minors are involved in serious offenses.
Being convicted of petty theft in Rancho Cucamonga can lead to serious consequences. The penalties vary depending on the case, but a conviction can have long-lasting effects on your personal and professional life.
Petty theft is usually charged as a misdemeanor. The penalties for petty theft include up to six months in county jail and/or fines. These penalties can vary based on the circumstances and your criminal history.
A conviction for petty theft can have a major impact on your criminal record. It can show up on background checks and may affect your ability to find a job or keep a professional license. Even if you have no prior criminal record, a petty theft conviction can create legal trouble in the future.
In some cases, the court may offer probation instead of jail time. During probation, you may be required to pay restitution to the victim for the stolen property. Probation may also include other conditions, such as community service or attendance at diversion programs.
Petty theft charges can arise in a variety of situations. Here are some common scenarios where people are accused of petty theft.
One of the most common situations that leads to petty theft charges is shoplifting. This can happen if someone is caught taking goods without paying, often leading to a shoplifting allegation.
Petty theft can also occur when someone takes property directly from another person, such as stealing a wallet or a phone. Even if the theft happens quickly or without the victim noticing, it is still considered a crime under California law.
Employees who steal from their employers or workplaces can face petty theft charges. This includes taking office supplies, money, or merchandise without permission. Theft from an employer is a serious offense and may result in criminal charges and job loss.
If you've been charged with petty theft, several defenses may help you avoid a conviction. Here are a few common defenses to theft charges.
If you did not intend to steal the property, you may have a valid defense. For example, if you accidentally took something or forgot to pay for it, you may not be guilty of petty theft.
Sometimes people are falsely accused of petty theft. If someone else took the property and you were mistaken for the thief, you may have a defense based on mistaken identity or false accusations.
If you didn’t know the property was stolen, you cannot be convicted of theft. For instance, if someone gave you stolen goods and you were unaware of their origin, this may be a defense to the charges.
If the property owner permitted you to take the property, then it is not theft. This could apply, for example, if someone loaned you an item and you were accused of stealing it.
A Rancho Cucamonga petty theft lawyer can help you by providing legal counsel and building a strong defense strategy. Having an experienced attorney on your side can make a big difference in the outcome of your case.
Your criminal defense attorney will examine the evidence and help create a defense strategy tailored to your case. This might include challenging circumstantial evidence, questioning witness statements, or proving a lack of intent to steal.
If a conviction is likely, your lawyer may negotiate a plea bargain to reduce the charges or penalties. A good criminal defense lawyer will work to get you the best possible deal in the court system.
If your case goes to trial, your attorney will represent you in court. They will present your defense and work to ensure that the jury hears your side of the story.
If you’ve been accused of petty theft, here’s what you should do right away to protect yourself.
Don’t speak to law enforcement without an attorney present. Anything you say may be used against you in the case, so it’s important to have legal representation from the start.
Gather any evidence that can support your case, such as receipts, witness statements, or physical samples. This may help prove that you didn’t commit the theft or that you had permission to take the property.
It’s crucial to contact a Rancho Cucamonga petty theft lawyer as soon as possible. Your lawyer can provide legal counsel, protect your rights, and begin building your defense.
Petty theft involves property valued at $950 or less, while grand theft involves property valued at more than $950. Grand theft can be a felony, while petty theft is typically a misdemeanor.
Yes, you could face up to six months in county jail for petty theft. However, you may also be able to avoid jail time with probation or other alternatives.
Probable cause is required for law enforcement to make a legal arrest or search. It means there must be reasonable evidence to believe that a crime, such as theft, has occurred.
In an embezzlement investigation, authorities look for signs that someone has stolen money or property entrusted to them, usually in a workplace setting. It often involves financial records and interviews.
Yes, the Fifth Amendment protects your right to remain silent during questioning, preventing self-incrimination. This is important in theft cases to avoid saying anything that could hurt your defense.
California Penal Code Section 487 addresses grand theft, which involves stealing property valued at more than $950. This is considered a felony and carries serious penalties, including prison time.
Witness identification can be critical in a theft case. If a witness can identify the defendant as the person who committed the theft, it can heavily influence the outcome of the trial.
If you've been accused of petty theft in Rancho Cucamonga or anywhere in San Bernardino County, My Rights Law is here to help. Our top attorneys have years of experience handling theft charges, including petty theft and other property crimes. We are ready to provide you with the expert legal representation you need.
We understand the importance of legal precedents in your case and will help ensure that your Miranda rights are upheld throughout the legal process. Our goal is to guide you through the court system and achieve the best possible outcome. Don’t face theft accusations alone. Contact us today for a free consultation.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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