First Offender of PC 495

My question involves criminal law for the state of: California, San Bernardino County

Hello and good day.

I was stopped at Walmart last Sunday for returning items which I took from the store shelves, amounting to not more than $40, to return for cash. I used my old receipt, which I Keep in my wallet(And my other old receipts too, I keep them for records), Then once I was done with processing the return, the LP people told me to go to the office at the back, which they asked me about what I did, I was really scared that time, and when I am scared, I tend to say things which I have not thought I could say, and then they searched my wallet for Identification, and they saw my old receipts, which were also linked to another person who was stealing items from them before, and they asked me if I was the one who did that too. Out of fear that they might do something more harsh If I told them no, I said the opposite. Then they called the Police and had me arrested and booked for PC 495 and was sent to the detention center for the night. I was released on O.R. and need to have appearance by August 26th.

This is my first offense, no other records of criminal activity, and I cannot afford a lawyer coz I am jobless, and this thing has been bothering me since that day, I am so depressed and clueless of what to do.

Any advice to help me get through with this will be appreciated.

Consult a local lawyer or, if you qualify, petition for a court-appointed lawyer and see if you qualify for diversion, deferral, or any other outcome that might allow you to avoid a criminal conviction.

Thats the same thing my relatives told me...

Thanks for the advice. They told me though the least that could happen is a probation, which would be better than being locked up in jail. My arraignment would be at the 26th and what should I do?

Sorry for double posting, but I need answers...

Well, since this is my first offense and first time arrested, I got no priors, I have been a good student in my school and have lived a clean life before this, What are the chances of having a lighter sentence, i.e. Probation and stuff?

Coz all I wanted is to avoid jail time and to return as a member of the society and to make up for my indecision. And to avoid getting into trouble.

*How should I plead at arraignment?
*How do I get a court appointed lawyer?
*Does he also negotiate with the prosecutor for a lighter sentence?

A first offense for 2nd degree burglary (PC 459 ... NOT 495) usually entails a couple days of jail time (so that future thefts will be felonies, even if for petty theft), probation, fines, restitution, and maybe community service.

Speak with a local attorney who can advise you of any other options that might be available to you and of the sentencing habits of the local court.

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Quoting cdwjava

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A first offense for 2nd degree burglary (PC 459 ... NOT 495) usually entails a couple days of jail time (so that future thefts will be felonies, even if for petty theft), probation, fines, restitution, and maybe community service.

Speak with a local attorney who can advise you of any other options that might be available to you and of the sentencing habits of the local court.

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Thanks for correcting me sir, I knew I made a typo.

So thats the usual punishment they give...

UPDATE: I received the Civil Demand from the firm representing Walmart, and it asked me to pay up $300. That payment is for restitution am I right?

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Quoting Depressed1stoffender

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Thanks for correcting me sir, I knew I made a typo.

So thats the usual punishment they give...

UPDATE: I received the Civil Demand from the firm representing Walmart, and it asked me to pay up $300. That payment is for restitution am I right?

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Yes, the $300 is probably the civil demand which will be separate from any criminal proceeding.

Ok sir, I made contact with that firm and made arrangements on payments, since I am unemployed, and just recently finished school, my relatives are thinking about helping me pay for it, so I just entered a payment arrangement for now, so if they give me the cash for paying it full, I have the option to do that too.

Oh I read about that, the two days confinement is for PC 666, right sir?

So what should I do during the Arraignment? Plead Guilty or nolo immediately or plead not guilty and ask for a court appointed lawyer?

And Off Topic: I Guess my thread title is confusing coz of the typo, can the Forum moderators edit it?

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Quoting Depressed1stoffender

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Oh I read about that, the two days confinement is for PC 666, right sir?

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Correct. And while it is not a universally guaranteed practice, it seems pretty common in most places.

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So what should I do during the Arraignment? Plead Guilty or nolo immediately or plead not guilty and ask for a court appointed lawyer?

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If you can, consult an attorney beforehand. if not, then I would suggest you consider a "not guilty" plea and ask for a public defender.

Oh and for clarification, so the initial arrest and confinement before I was OR released, so its not the impriosnment to trigger the PC 666 right?

Thanks for the advice cdwjava.
I truly appreciate it sir.

It is the sentenced time that counts, but they can credit time already served, I believe.

Ok I got an update on my case, my arraignment is still on Aug. 26th, but as I have seen on the case records online in my county's superior court.

My case was changed to an PC M459, the arraignment for the felony was vacated, and instead my arraignment for the 26th is for the M459.