488 PC - Petty Theft - Should I Plead Guilty or Not?

**kevchip** · 10-09-2007, 12:09 AM

Hi everyone,

I was arrested for shoplifting and charged with 488 pc - Petty theft (misdemeanor), and I'm located in CA, and this is my first-time offense. The merchandise's value was $49.99. I was fingerprinted and picture taken at police station.

Should I plead guilty or not guilty when I go to court?

I can't afford an attorney, so I guess I have to go with a public defender.

I haven't received any paper/notice from court or from the store, Fry's Electronics, I shoplifted. Actually, I got banned from that store.

Is that possible if my case can get reduced to infraction? What are my options?

Any help/advice would be really appreciated.

**aaron** · 10-09-2007, 06:00 AM

Petition for a court-appointed lawyer, then decide how to proceed after consulting your lawyer.

**kevchip** · 10-09-2007, 07:50 AM

aaron, are you suggesting that I should plead not guilty and request a public defender when appearing at the court?

Thanks.

**aaron** · 10-09-2007, 07:57 AM

You can check with the court for their procedures for requesting a court-appointed lawyer. I would suggest filing a petition at your earliest opportunity.

panther10758 · 10-09-2007, 08:05 AM

If you go in plead guilty you will likely be sentenced according to Law. This means no plea deals like Diversion. If you have an Attorney on your side, even a Public defender, you have better chance at Plea deals like one mentioned. Read through these shoplifting threads you will see. Your best option (in my opinion) is either enter no plea or not guilty and request a Public defender. Once you talk to this Attorney discuss your options like Diversion if available and if you qualify

**kevchip** · 10-09-2007, 08:52 AM

Thanks panther and aaron for great info. I really appreciate it.

I just talked to a court clerk, she was having a difficult time to find my case since it has been showed up in the computer. Anyone has the same experience? Anyway, she suggested I still have to go to the court on the date assigned and documents would be ready at the time.

For requesting a PD, I was told that when they call my name, just tell them that I need a PD. Is that normal procedure for a case like mine?

panther10758 · 10-09-2007, 08:54 AM

It is not abnormal to request a PD at time of court hearing. Judge will continue case and give you instructions on how to proceed in getting PD

**aaron** · 10-09-2007, 08:59 AM

If that's what the court clerk told you, that's probably what is normally done in your county. If in doubt, check with a local criminal defense lawyer.