Petty Theft Charges in California

[rgallagher]

Sacramento County, California, USA

First time offense of Petty Shoplifting (one charge), approx $32 USD.

I don't have anything on my record, not even a speeding ticket. I received a citation for a misdemeanor, was told I would get court date information in approx 3 weeks. Was told that since this is my first offense and I have a spotless record, an expungement (?) would be possible.

I am willing to get a lawyer if I need one, but do I need one in this case? I am competent and capable of speaking with a judge, but I don't know the law specifically and if I can do anything to reduce this.

Can I get these charges dropped, or lessened in any way? Infraction? Diversion program? Community Service? Anything???

Your speedy advice is appreciated and thank you.

[Guilty Or Not Guilty]

Yes, the charge can be lessened. There is a chance you will get probation, community service and a fine. I would perfer you to retain an attorney. If you can not afford one you will be given a court appointed attorney. Ask your attorney if he can make an agreement with the DA to go on probation. And if you do good have the record dismissed.

[rgallagher]

Thanks Guilty/Not Guilty,

also I didn't ask this before but after reading all the other threads about 'civil charges' - should I be expecting that as well, and will it arrive seperate from the store and from the court proceedings?

thanks,
rgallagher

[Guilty Or Not Guilty]

That will be optional with the store. Some stores drop the civil charges if their property is not lost or damaged.

Here is a link that will show a lot of information:
http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

[rgallagher]

I received a civil demand letter ($500). I made arrangments with Target and have so far paid $300 of that demand.

I have not received anything else yet. It has been almost 6 weeks since the incident.

I'm worried/scared.

What should I say when I call the phone number the LPO gave me? (it's the police dept phone number that has my case # on it)

Do you think there is a chance that they are dropping the charges?

Thank you,
rgallagher


edit: I forgot to clarify from my original post that I never received a citation. All I have is a yellow carbon copy sheet with police dept letterhead stating my case # and a phone number and that this is regarding shoplifting.

[cdwjava]

If you did not receive a citation, then it is likely that they are not pursuing this ... yet. The sheet you have may be a contact sheet of some kind. If the value of the theft was under $50 it is likely that the county is not going to pursue the matter so long as you settle with the store. If it was over $50, they might get involved down the road. Sacramento County is a busy county with some serious crimes - this is at the bottom of their priority list.

Are you a juvenile? That might explain a few things.

If you are charged and have to appear in court, you should consult an attorney as the offense CAN carry jail time depending on the specific offense you are charged with.

- Carl

[rgallagher]

hi cdwjava,
I am not a juvenile.

I did receive something in the mail today. quite generic actually. it was on police department letterhead stating that I have received a citation (again, I have NOT received any citations. I did sign one at the store, but they wouldn't give me a copy of it) and that my court date is in two weeks. And if I had any questions to call the courthouse.

I'm assuming I can have a public defender assigned to my case the morning of?

Would you recommend me calling them tomorrow to get some information? As I have never had any trouble with the law before, I'm nervous and don't know what to expect.

Another possible issue: I'm leaving the country for 10 days the next morning of the court date. Problem?

Thank you,
rgallagher

[cdwjava]

I did receive something in the mail today. quite generic actually. it was on police department letterhead stating that I have received a citation (again, I have NOT received any citations. I did sign one at the store, but they wouldn't give me a copy of it) and that my court date is in two weeks. And if I had any questions to call the courthouse.

I'm assuming I can have a public defender assigned to my case the morning of?

Would you recommend me calling them tomorrow to get some information? As I have never had any trouble with the law before, I'm nervous and don't know what to expect.

Another possible issue: I'm leaving the country for 10 days the next morning of the court date. Problem?

If you will be unavailable, I would recommend calling the court and letting them know you will be unavailable. If you fail to show up for court, or if they do no grant you a continuation, a warrant will likely be issued for your arrest.

As for a public defender, that will depend on what you have been charged with. If you have been charged with a violation of PC 490.1 it may have been charged as an infraction in which case you will face a fine only and no P.D. will be assigned to you. If you are being charged with a misdemeanor under PC 490.1, 490.5, or 488/484, then at your arraignment you will have an opportunity to request a public defender.

Here is a link to their P.D. site:

http://www.publicdefender.saccounty.net/

- Carl

[rgallagher]

If you will be unavailable, I would recommend calling the court and letting them know you will be unavailable. If you fail to show up for court, or if they do no grant you a continuation, a warrant will likely be issued for your arrest.

As for a public defender, that will depend on what you have been charged with. If you have been charged with a violation of PC 490.1 it may have been charged as an infraction in which case you will face a fine only and no P.D. will be assigned to you. If you are being charged with a misdemeanor under PC 490.1, 490.5, or 488/484, then at your arraignment you will have an opportunity to request a public defender.

Here is a link to their P.D. site:

http://www.publicdefender.saccounty.net/

- Carl

I will be available the day of the arraignment. It's the morning after that I'm leaving the country. I'm thinking worst case scenarios here, like what if they throw me in jail? (unlikely but still, what if?)

on the yellow slip of paper that I was given the day of the incident, it says 490.5 but on the generic letterhead it says 488. is there a difference, and if so, why did they change it? I can't see what the citation says obviously because they never gave me a copy of it.

thank you so much for your help Carl...

-regina

[Happy Trails]

I will be available the day of the arraignment. It's the morning after that I'm leaving the country. I'm thinking worst case scenarios here, like what if they throw me in jail? (unlikely but still, what if?)

on the yellow slip of paper that I was given the day of the incident, it says 490.5 but on the generic letterhead it says 488. is there a difference, and if so, why did they change it? I can't see what the citation says obviously because they never gave me a copy of it.

thank you so much for your help Carl...

-regina

You can go here to look up those codes.