A theft arrest in Contra Costa County carries different weight today than it did two years ago. Since Proposition 36 took effect in December 2024, the Contra Costa District Attorney’s office has been filing theft cases at levels not seen since 2018. It is applying new felony enhancement authority to defendants with prior records and filing misdemeanor charges against first-time offenders who might once have received a citation and a court date. The process moves faster and escalates more readily than most defendants expect.
Thomas Daly has represented clients facing criminal charges in the courts of Martinez, Richmond, and Pittsburg, and appears regularly at the Wakefield Taylor Courthouse where Walnut Creek theft cases are prosecuted. The sections below walk through how California law classifies these charges, what the DA’s office is doing differently now, and what the criminal process actually looks like from arrest through resolution.
How California Law Classifies Theft Charges
California Penal Code sections 484 and 487 draw the line between petty theft and grand theft at $950 in property value. Grand theft is a wobbler offense, meaning prosecutors have discretion to charge it as either a misdemeanor or a felony based on the facts and the defendant’s criminal history. Below that threshold, the charge is ordinarily petty theft, a misdemeanor.
Proposition 36 changed the calculus for repeat offenders. Under the new law, a defendant with two or more prior theft-related convictions can be charged with a felony even if the stolen property was worth less than $950. A charge that looks minor on its face can become a felony based entirely on older entries in a criminal record. Contra Costa County is applying this provision aggressively. Data from the Public Policy Institute of California confirms that fewer than 20% of Prop 36-related felony filings in Contra Costa involve drug offenses, making it one of the most theft-focused counties in California under the new law.
What the Contra Costa DA’s Office Is Doing Differently Now
The enforcement shift is visible in the numbers. Misdemeanor filings in Contra Costa County reached 15,460 in the most recent DA report period, the highest level in two years, and felony filings remained elevated among the highest since 2018. Theft cases are a significant driver of both figures.
Prosecutors are actively reviewing older criminal records to identify prior theft-related convictions that trigger the Prop 36 felony enhancement. A defendant who resolved a shoplifting charge from several years ago and considers it behind them may find that conviction now being used to elevate a current charge. Many defendants don’t realize this until they’re already standing at an arraignment.
For first-time defendants, cite-and-release situations common as recently as 2023 are now being filed as misdemeanor cases with real consequences: county jail time, fines, and a conviction on record.
The Criminal Process: From Arrest to Resolution
After a theft arrest in the Walnut Creek area, the case is prosecuted at the Wakefield Taylor Courthouse, located at 725 Court Street in Martinez, with criminal department hours of Monday through Friday, 8:00 a.m. to 4:00 p.m. Knowing the sequence of events at that courthouse is what allows a defense attorney to act strategically rather than reactively.
Arraignment
Arraignment is the defendant’s first formal court appearance. For defendants held in custody, it must occur within 48 hours of arrest, excluding Sundays and court holidays. Those released on a citation may not be arraigned for ten days or more. At arraignment, the defendant is formally advised of the charges, enters an initial plea, and bail is addressed for in-custody defendants.
Preliminary Hearing & Second Arraignment
For felony theft charges, a preliminary hearing must follow within ten court days under Penal Code section 859b, unless the defendant waives that timeline. At the preliminary hearing, a judge evaluates whether the prosecution has probable cause to proceed. If the judge finds that it does, a second arraignment follows in superior court. This stage is also an opportunity to challenge evidence before the case advances further.
Pretrial & Resolution
The pretrial phase is where most theft cases are resolved. Discovery is exchanged, motions to suppress surveillance footage or witness statements can be filed, and plea negotiations take place. First-time defendants may qualify for misdemeanor diversion under AB 3234, a program that allows case dismissal upon completing specified requirements. Under AB 3234, the decision to grant diversion rests with the judge, not the prosecutor, and a judge can approve it even over the prosecutor’s objection. Eligibility and conditions vary based on the defendant’s specific circumstances.
Why the Stakes Are Higher Than Most Defendants Expect
Even a misdemeanor theft conviction carries consequences that extend well beyond court-ordered fines. Employment background checks, professional licensing boards, housing applications, and immigration status reviews all treat a theft conviction as a significant adverse factor. For working professionals and residents of Central Contra Costa County without prior contact with the criminal system, these collateral consequences can be the most damaging part of the outcome.
Retailers also have a separate legal avenue. Under California law, merchants can send civil demand letters to individuals accused of shoplifting, seeking recovery of damages independent of how the criminal case resolves. Restitution is ordered in both misdemeanor and felony theft cases as well, adding another financial layer. The assumption that a minor theft charge will “go nowhere” isn’t a reliable read on how Contra Costa County handles these cases.
How Defense Strategy Shapes the Outcome
California theft requires the prosecution to prove intent to permanently deprive the owner of property. That element is a meaningful defense avenue. Mistaken ownership, a claim of consent, or a factual dispute over the property’s value that deflates a grand theft charge to petty theft are all approaches that can alter the trajectory of a case, particularly when addressed before the prosecution’s theory hardens.
Surveillance footage and witness statements are standard evidence in retail theft cases at high-traffic locations like Broadway Plaza in Walnut Creek. Both can be challenged. Footage can be incomplete, misidentifying, or obtained in ways that raise constitutional questions. Accounts from retail loss-prevention personnel may not hold up under scrutiny. Suppression motions filed in the pretrial phase can significantly weaken the prosecution’s case before any trial date is set.
Thomas Daly’s familiarity with the Wakefield Taylor Courthouse, including how local prosecutors approach theft cases post-Prop 36 and the circumstances under which diversion or reduced charges are realistically available, allows him to build a defense grounded in how Contra Costa County’s courts actually operate, not how criminal defense works in the abstract.
The Window for Influencing Outcomes
The enforcement changes since Prop 36 took effect mean that the period before an arraignment date arrives is often the most consequential window in a theft case. Prosecutors make initial charging decisions early, and prior records are pulled quickly. Waiting until arraignment to retain an attorney means arriving after some of the most important decisions have already been made.
For anyone facing theft charges in Contra Costa County, a case-specific consultation with Thomas Daly Law, A Professional Corporation is the concrete next step. Reach Thomas Daly Law, A Professional Corporation at (925) 208-4801 to discuss the specific facts of your situation before the case moves further.