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  1. #1
    Join Date
    Jul 2013
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    4

    Post Punishment for Second Offense Theft

    My question involves criminal law for the state of: California

    i'm 22 was caught stealing for the 2nd time the 1st time was when i was 18
    what should i expect
    the 1st time was a petty theft conviction i paid a fine and watched a video and answered questions ans submitted it back to the court
    what should i expect this second time?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,565

    Default Re: Punishment for Second Offense Theft

    The penalties will probably include fines, probation and possible jail time (though it could be weekends, suspended, or commuted to community service).

    Are you charged with petty theft/shoplifting again?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
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    Jul 2013
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    4

    Default Re: Punishment for Second Offense Theft

    i'm not charged with anything yet.. Walmart let me go, said they were submitting an online police report and i will receive something by mail in 4-6 weeks with a court date on it.

  4. #4
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    Sep 2005
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    California
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    Default Re: Punishment for Second Offense Theft

    Quote Quoting qwer123
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    i'm not charged with anything yet.. Walmart let me go, said they were submitting an online police report and i will receive something by mail in 4-6 weeks with a court date on it.
    Highly doubtful that the police would issue a citation by mail even after never having contacted you.

    The store will likely send you a civil demand notice for up to $500, but that's likely it unless the police come knocking at your door. It would be a rare department, indeed, that would have the time to follow up on a cold shoplifting call. It's possible, but unlikely.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Jul 2013
    Posts
    4

    Default Re: Punishment for Second Offense Theft

    Ok yes the store did tell me i would have to pay a fine to then between 50-500 dollars and i would receive info on that by mail in 14 days at the most . Then i will have 4-6 weeks to receive something with my court date and time.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Punishment for Second Offense Theft

    Quote Quoting qwer123
    View Post
    Ok yes the store did tell me i would have to pay a fine to then between 50-500 dollars and i would receive info on that by mail in 14 days at the most . Then i will have 4-6 weeks to receive something with my court date and time.
    I am not familiar with any county that has a process where a merchant can report a shoplifter on-line and then the agency takes some action. That would be quite peculiar, and quite difficult to proceed with in a criminal court.

    If you get a summons or a subpoena, THEN worry. Otherwise, I suspect you will be dealing only with the civil demand.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Apr 2006
    Posts
    593

    Default Re: Punishment for Second Offense Theft

    Quote Quoting cdwjava
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    I am not familiar with any county that has a process where a merchant can report a shoplifter on-line and then the agency takes some action. That would be quite peculiar, and quite difficult to proceed with in a criminal court.

    If you get a summons or a subpoena, THEN worry. Otherwise, I suspect you will be dealing only with the civil demand.
    Many localities are going away from the police dealing with shoplifters. In an area I work, one department will only verify the subjects ID and make the LP charge the person online or in person at the court. The other department issues citations.

    I know of several police departments and courts that do not deal with shoplifting
    Not worth my time...

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Punishment for Second Offense Theft

    Quote Quoting bam!
    View Post
    Many localities are going away from the police dealing with shoplifters. In an area I work, one department will only verify the subjects ID and make the LP charge the person online or in person at the court. The other department issues citations.

    I know of several police departments and courts that do not deal with shoplifting
    I can understand not dealing with misdemeanor thefts, but addressing the matter online ...???

    This would be the equivalent of a cold crime report that the police would process and forward to the DA for disposition. If the DA feels that the store has enough evidence to pursue criminal charges, they can issue a summons or seek an arrest warrant for the defendant. In THEORY, the police can issue by mail a citation to appear in court for the misdemeanor offense, but this is dodgy as there is no easy way to verify the identity or address of the defendant so i suspect that seeking a summons or warrant from the DA would be the preferred method.

    Many departments have had policies for years where they will respond only if the suspect lacks good ID, the theft is likely a burglary or exceeds the felony, dollar value ($950 in CA), is a juvenile with no contact info for a responsible guardian, or a combative suspect. Unless the matter is a felony, citations have been the preferred method for addressing shoplifting for at least two decades - a custodial arrest would only happen when you have violence or a felony (or no citation could be issued).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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