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PC 484, How to Get It Down to an Infraction

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  • 06-29-2010, 12:04 AM
    Cutesy
    PC 484, How to Get It Down to an Infraction
    Incident was in the state of: CALIFORNIA

    I am 20. I stole $40 dollars worth of goods in a grocery store. I was with my friend who stole but did not get caught because LP "did not see her." I cooperated with LP gave them all of my information. I signed a paper that said I was banned from that store and it's other chains. They called the police & the cop cited me a ticket for 484 PC, with the misdemeanor box checked. I was told by the cop that I needed to get my fingerprinting done, so I did & I also got my picture taken!

    It's been a month since the incident happened, and I am going crazy because the court date isn't for another month. My original plan was just to appear in court and say "no contest" plea. And be completely honest & apologetic with the judge, telling him that I go to a state college, I have never had anything on my record not even a traffic violation, I get good grades, it was wrong & I will never do it again, and that I do not want to jeopardize my future with this silly mistake. With that, I was hoping that he would sympathize with me & lower it down to an infraction or something. But that would be a one in a million chance!

    I've read a lot of threads on this site about this. Went on different websites asking for other opinions. But just as other users did, I want to get answers for myself! So please bare with me.

    • I am scared as f u c k
    • I do not want my parents to find out because they expect more from me
    • I really, really, really want to get this over with & get some peace of mind. Just before school starts in the fall.


    Reading things on here somewhat made things clearer for me. I just wished some people actually posted their stories & outcome of their cases. But I digress.

    So I have some questions for you people!
    1. If I plea "not guilty," will I automatically be qualified for a PD?
    2. How do I know if I qualify for a PD or not? (I am a full-time student, unemployed)
    3. If I do qualify for a PD, what should I tell him/her? Should I ask if I can lower it down to an infraction? Or ask for diversion? Continuance for dismissal? Or what?
    4. Are PDs free? Or are they based on hourly paid? Or is it fixed?
    5. How many trials will I have to go through to get this over with? A day?
    6. How long does a trial usually take?
    7. How much will I be looking at? I don't have much saved. :(
    8. What will happen if I don't qualify for a PD? Should I just go with my original plan and plea "no contest"?


    Thank you for your time! :)
  • 06-29-2010, 07:41 AM
    PandorasBox
    Re: Pc 484, Get It Down to an Infraction
    1. If I plea "not guilty," will I automatically be qualified for a PD?
    Qualifying for a P.D. depends on your finances.

    2. How do I know if I qualify for a PD or not? (I am a full-time student, unemployed)
    Being unemployed, you should.

    3. If I do qualify for a PD, what should I tell him/her? Should I ask if I can lower it down to an infraction? Or ask for diversion? Continuance for dismissal? Or what?
    Tell them the truth, because they will be seeing the evidence against you. Ask for a Diversion or a reduced charge (which you would then plea guilty to).

    4. Are PDs free? Or are they based on hourly paid? Or is it fixed?
    Not sure.....I know most have a minimal charge. In my area, it is $250 flat fee.

    5. How many trials will I have to go through to get this over with? A day? One trial. But to answer your question more, there are more court dates preceding a trial. Arraignment will be your first. Then pre-trial conference. Then pre-trial.....I had a lawyer and got it all done with (and reduced charge) in a couple short hours.

    6. How long does a trial usually take?
    Too many variables to answer. Depends on case load of the court, prosecutor, judges....

    7. How much will I be looking at? I don't have much saved.
    Start saving. Shoplifting is expensive.
    Public Defender. Court costs and fines ($303 for me). Civil Demand (that letter that will arrive in the mail) expect $150 minimum. If you get a Diversion Program or Community Service, that's another fee.

    8. What will happen if I don't qualify for a PD? Should I just go with my original plan and plea "no contest"?
    I'll let someone more experienced answer that one.
  • 06-29-2010, 12:29 PM
    Cutesy
    Re: Pc 484, Get It Down to an Infraction
    Thank you PandorasBox,

    Say I do plead "not guilty" and I don't qualify for a PD, what will happen then?

    Do I tell the judge "not guilty" and ask if I can plea bargain?
  • 06-29-2010, 07:22 PM
    PandorasBox
    Re: PC 484, How to Get It Down to an Infraction
    If you can't get a public defender....

    Then you either get your own lawyer, or try to talk to the prosecutor about a deal.
  • 06-30-2010, 11:54 AM
    Cutesy
    Re: PC 484, How to Get It Down to an Infraction
    Are we allowed to talk to the prosecutor?
  • 06-30-2010, 01:21 PM
    PandorasBox
    Re: PC 484, How to Get It Down to an Infraction
    Sometimes for first offenders...you will arrive for arraignment and they may have a Pre-Trial Diversion waiting for you.

    If you plead Guilty or No Contest, you pretty much leave the judges hands tied.
  • 07-01-2010, 03:05 PM
    Cutesy
    Re: PC 484, How to Get It Down to an Infraction
    Thank you again, PandorasBox.

    Sorry for the questions. I just got a letter in the mail and they changed my court date. :(

    Anyway, during the arraignment, is the Judge going to explain everything? From the charges and stuff? And what my options could be for whatever I decide to plea?
  • 07-15-2010, 05:07 PM
    surfingcamell
    Re: PC 484, How to Get It Down to an Infraction
    These are all great questions, I want to know as well. I am in a similar disposition and I have the same questions.
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