As of January 1, 2025, significant changes have taken effect in Riverside County regarding the prosecution of shoplifting and theft related offenses. The implementation of Proposition 36, known as the “Homelessness, Drug Addiction, and Theft Reduction Act,” has introduced stricter penalties for repeat offenders and reclassified certain misdemeanors as felonies. For individuals facing charges under these new laws, securing experienced legal representation is more critical than ever. Attorney John L. Michels stands out as a premier criminal defense attorney in Riverside County, adept at navigating the complexities of Proposition 36.
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Understanding Proposition 36
Proposition 36, approved by California voters in November 2024, is designed to address ongoing issues related to drug addiction and theft by reforming how the state prosecutes certain criminal offenses. One major element of the proposition is the reclassification of specific drug and theft related misdemeanors, which can now be charged as felonies, particularly for individuals with prior convictions. The law also introduces “wobbler” offenses, allowing prosecutors to charge certain crimes as either misdemeanors or felonies depending on the nature of the offense and the defendant’s criminal history.
In addition to these structural changes, Proposition 36 increases penalties for repeat offenders and individuals involved in large scale or organized theft operations. These enhanced sentencing guidelines signal a broader shift toward a more rigid legal framework that emphasizes deterrence and accountability. For anyone facing charges under these new laws, the risk of long term consequences is significantly higher, making strong legal representation essential.
Impact on Shoplifting and Theft Charges
Under the new legislation, individuals with two or more prior theft related convictions can now face felony charges for shoplifting, even if the value of the stolen items is less than $950. This marks a major departure from previous law, where such offenses were typically prosecuted as misdemeanors. Proposition 36 also gives prosecutors the authority to aggregate the value of stolen goods across multiple incidents, meaning a series of minor thefts can now be combined to meet the felony threshold. The result is a much broader scope for felony prosecution, even in cases that once would have been considered low level offenses.
The consequences of a felony theft conviction are severe. Individuals may face up to three years in state prison, along with a permanent criminal record that can significantly limit employment opportunities, housing eligibility, and future legal outcomes. A felony on your record can also trigger enhanced sentencing for any future charges. However, Riverside County offers a pretrial diversion program that may provide an alternative path, especially for first time or younger offenders. With the right legal advocacy, eligible individuals may be able to enter a program focused on rehabilitation and avoid a conviction altogether.
Expanded Law Enforcement Powers
The proposition grants law enforcement officers the authority to arrest individuals for shoplifting based on probable cause, even if the officer did not witness the crime firsthand. This expansion of power underscores the importance of having a knowledgeable defense attorney who can scrutinize the circumstances of an arrest and ensure that your rights are protected.
Retail Theft Restraining Orders
Courts now have the authority to issue “Retail Theft Restraining Orders” against individuals convicted of offenses such as shoplifting, vandalism, or assaulting retail employees. These orders can prohibit the individual from entering specific retail establishments for up to two years. Violating such an order can lead to additional criminal charges, further complicating the legal situation.
John L. Michels Will Fight For You
With over two decades of experience practicing criminal defense law in Riverside County, Attorney John L. Michels possesses the expertise and local knowledge necessary to effectively represent clients under the new legal landscape shaped by Proposition 36. His comprehensive understanding of the local court system, combined with a commitment to personalized client advocacy, makes him an invaluable asset for those facing theft related charges.
John L. Michels offers strategic defense services tailored to the unique circumstances of each case, ensuring that clients receive the most robust representation possible. His approach includes meticulous case analysis, identification of procedural errors, and negotiation for reduced or dismissed charges when applicable.
The enactment of Proposition 36 has ushered in a more rigorous approach to prosecuting theft and drug related offenses in Riverside County. For individuals accused under these new laws, the stakes are higher, and the legal challenges more complex. Attorney John L. Michels stands ready to provide the experienced and dedicated defense necessary to navigate this challenging legal environment.
Contact The Law Offices of John L. Michels today at (951) 276-8900 for a confidential consultation.
Riverside County Courthouses We Defend At:
- Riverside Courthouse
- Temecula Courthouse
- Murrieta Courthouse
- Banning Courthouse
- Indio Courthouse
- Rancho Cucamonga Courthouse
