My question involves criminal law for the state of: California.
I went in to a Lowes Home Improvement store and purchased a kitchen sink through the self checkout line. Within seconds of leaving the store I was surrounded by employees and loss prevention and told that I did not pay the proper price for the sink. As I returned to the store they escorted me to an office and placed handcuffs on me. When they emptied my pockets, they found 2 or 3 barcode stickers. I had planned to use one of the stickers to reduce the price of the sink. However, I didn't have to. When I went to place the sink into the cart, it already had a sticker on it so I didn't need to. The scam is that common. I sat handcuffed for 6 hours before the police came to get me. During that time, the head of loss prevention interogated me claiming I was part of a crime ring. I bailed out of jail 20 hours later.
At my arraignment I plead not guilty to a single charge of felony commercial burglary. The value of the item stolen was $379. At that point, the prosecutor was not willing to reduce my charge to a misdemeanor. They said they would only offer to not have me serve time in state prison, and that they would leave it up to the judge as to how much time I actually serve. Since then, my lawyer has told me that he has spoken with the district attorney but has not gotten back to me regarding the outcome. I go back to court in 3 days.
My lawyer said it's odd they haven't offered to reduce it to a misdemeanor because I don't have any priors. Do you think they are trying to make an example of me? Do you have any suggestions as to how I may convince them to reduce the charges?