Petty Theft, PC 484, in Sacramento, California

My question involves criminal law for the state of: California

I am a 19 years-old girl who has just commited a 1st time Petty Theft (484 P.C.). of $139 in Sacramento. I am writing to you with a great deppression. I am very dedicated to school with a high GPA, and Im a beloved friend and student, and had never done anything ilegal but volunteering and assisting people and school. I regret so much for this stupidness. I actually thought about that before I leaving, and in less than 50mts away from the shop's door, I turned around and walked toward the store with an intention to return them. But...too late. They would not believe that I was truly going back and return it. So even I cried, they still filed me.

Now, I just want to do everything I can do to fix it, and have this event dissapear from my life. I dont want it to affect the rest of my life.

Questions:
I was told that I could do community service and have it unrecorded in my history. How many hours approximately would that be?
I was also told that I would have to pay a fine. How much money would that be? (an estimate)
I read many profiles,and I witness the kindness of the lawyers here, and found out that I would have to ask for a public defender on the day I go to court and see the judge. Is this what I should do too? Should I go to the court and ask for one before the court day?
What other things should I do to prepare for the day I go to court?
What are the likely outcomes of my case? Will I go to jail? Will this be on my record forever?

I will appreciate a lot your help with all of my heart.

If your county offers a diversion program, you need to explore the terms of the diversion program. If you're talking about a deferred sentence, a local lawyer may be able to advise you as to what the judge who is hearing your case usually requires of defendants. If you believe you qualify for a public defender, you may petition for a court-appointed lawyer with the court. You can inquire with the criminal clerk about the necessary form.

You are not at all likely to go to jail for a first offense. The content of your future criminal record will depend upon how the matter is resolved in court.

First of all, let me thank you, Mr.Knowitall, with all of my heart. I appreciate your kind help. But I have some few more questions to be clear:
"If you're talking about a deferred sentence, a local lawyer may be able to advise you as to what the judge who is hearing your case usually requires of defendants. "
Did you mean that if I get a chance to know to judge, I should go find out what he requires of defendants for him/her to "have mercy" on them?
If you believe you qualify for a public defender, you may petition for a court-appointed lawyer with the court.
Im a full time student, and I dont work, how do I know whether I qualify?

What should I expect and do on my first court day? I have heard that the judge will just read what I have done and been accused of, and then ask whether I plea guilty or not guilty. Is it right? If its right, then, what should I say? "I plea guilty", "I plea not guilty", or "stay mute" and request a Public Defender?

I was charged with the crime of petty theft, 484 P.C. on Sept 15. It has been almost 1 month already, and I have not be notified of my court date. Is there any time limit for me to know where I will have to go to court? For example, if the time limit to be notified is 1 month, and I do not get a notification in 1 month, then it means that I will not have to go to court.

Quote:

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Quoting Californiasilly

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I was charged with the crime of petty theft, 484 P.C. on Sept 15. It has been almost 1 month already, and I have not be notified of my court date. Is there any time limit for me to know where I will have to go to court? For example, if the time limit to be notified is 1 month, and I do not get a notification in 1 month, then it means that I will not have to go to court.

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The state has one year in which to charge you with petty theft and up to three years for grand theft. If all you face is the charge for theft of property valued at $139 then they have one year to file.

One month is not a long time in the court process.

However, some questions ... did the police arrest you? Did they issue you a citation? That citation should have had a court date on it. If they arrested you, then when they released you from jail, you should have been given something with a court date on it unless you were released on bail.

If the police were NOT involved, then you may get lucky and not have any court case coming. If that is the case, about all you have to worry about is a civil assessment that could be for up to $500 if memory serves.

Quote:

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Quoting cdwjava

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The state has one year in which to charge you with petty theft and up to three years for grand theft. If all you face is the charge for theft of property valued at $139 then they have one year to file.

One month is not a long time in the court process.

However, some questions ... did the police arrest you? Did they issue you a citation? That citation should have had a court date on it. If they arrested you, then when they released you from jail, you should have been given something with a court date on it unless you were released on bail.

If the police were NOT involved, then you may get lucky and not have any court case coming. If that is the case, about all you have to worry about is a civil assessment that could be for up to $500 if memory serves.

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So if it doesnt come in 1 yr, then I can say that the case is closed?
Police wasnt present, but the security was calling somewhere else, I dont know whether he was calling to the police department to report my case.
I was asked to finger print my thumbs, and a mugshot that the security said that its only for the store and it doesnt go anywhere else.
Then I was given a "Letter to Offender" which says:

Report Number: xx-xxxxxx

This letter is to inform you that a report is being filed charging you with the crime of petty theft, 484 P.C.
This report will be submitted to the District Attorney's Office for disposition. If it is determined that you will be held to answer on this charge, you will be notigied by an issuance of a WARRANT for your ARREST.
Upon receipt of the Notice of Warrant, immediately set a court date by appearing in person at the following police facility:
S.P.D Headquarters
5770 Freeport Blvd
Sacramento Ca. 95822
Failure to set a court date will result in a physical arrest upon contact with any law enforcement officer.
Refusal to sigh this letter does not absolve you of the charges or of your responsibilities upon receiving a Notice of Warant.
My signature, offender, acknowledges receipt of this letter.

So, is it that although police werent there, the security reported it to the police department? Besides this "Letter to Offender", there was the Civil demand letter(which I already paid for it). These were the only 2 papers they gave me. Was I arrested? The security guy told me that if I dont get a letter telling me my court date in a month, I should go to the S.P.D Headquarters (shown on the letter to offender) and ask them about my court date. But I saw on a post that says that if I dont get notified, I just shouldnt ask, nor say anything.

You have not yet been arrested or charged. You are free to wait to see if the DA is going to file charges. Only after you get the notice are you obliged to do something. However, if something gets screwed up and the notice is not able to be delivered to you, you may end up in the "physical arrest" aspect. In the long run it's not going to change the outcome, but it may be inconvenient for you at the time. I don't know why inquiring at the police department if there was a warrant out for you would have any bearing on things.

The statute of limitations on petty theft is one year. If they have reported this to the police, then you will know for certain within a year. Chances are if they will be charging you, you will be notified within a few months. However, if they got your address wrong, then it might be possible that a warrant is issued and not served for even longer. So, it might be beneficial to check with the court every month to see if there is anything with you name on it. Or, not.

Thanks to both of you. So I should check by calling to the court and see if there's any charges against me. I really dont want a physical arrest, that would be so exaggerated and extremely shameful. I think its very probably that the DA will file charges against me, because I have noticed that people with amounts less that mine still have to go to court =(

Quote:

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Quoting flyingron

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You have not yet been arrested or charged. You are free to wait to see if the DA is going to file charges. Only after you get the notice are you obliged to do something. However, if something gets screwed up and the notice is not able to be delivered to you, you may end up in the "physical arrest" aspect. In the long run it's not going to change the outcome, but it may be inconvenient for you at the time. I don't know why inquiring at the police department if there was a warrant out for you would have any bearing on things.

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Would it be a good idea to hire an attorney and have him/her make a deal with DA to prevent charges?

If that happenes(hiring an attorney to talk to the DA), how probably it is for the DA not to sue me (no court, no trials)? What are the most posible outcomes? I dont know whether decide to wait until they notify me to go to court, or whether hire an attorney to talk to the DA before the DA files any charge aggainst me. Because going to court and getting a Public Defender is less expensive, but having an attorney to prevent the DA from filing charges may lead to a better outcome(or am I wrong?). I dont know which is more effective, and less costly, or cost worthy.

Any suggestion? =(

Its been 3 months already, I dont have anything yet. Could it be because the DA has decided not to charge me? =(

It could be that no charges are forthcoming. Three months is a long time, but it is not outside the realm of possibility that things are just slooooow.

To provide some help to people who are going throgh the same situation as me, I will keep updating.
what happened lastly:
I emailed to the police office public email asking questions about warrant or charges, the officer told me to call the Warrants office to check whether there is a warrant for me. If you are in Sacramento, call 916 8080 600. I am not sure whether its the warrants' office of all the CA, but try. Its good to check directly with the authorities since the letter might have got lost on its way to your mail box.
So. I called, and they told me that a warrant was sent out (although I had not received it physically. See what I was talking about?)
I went to the headquarters ASAP and fingerprinted and was given a court date. I went to the court after that to see how things work as the audience (optional, but if you can, go, so you have an idea of how things work). There were arraignments for DUI cases, but I think it might be similar for other misdemenour cases' arraignments like petty theft. I learnt that the judge offers the offenders punishments. The offenders may plea guilty (or no contest, which is the same) and accept the punishments, or ask for the advise of a public defender. So I think I am going to "ask for advice" (ask for public defender).
Here, I want to thank cdwjava for the help and support I received all this time. =)

Getting to an end =)

I went to court few days ago. There around 5 other people who were convicted of petty theft, but many of them had priors, and some of them I do not know whether they have prior but they had heavier punishment than I got. I am probably the luckiest one.

The judge was very explicit, explained to us how the pleas work, and our rights.
When it was my turn, she first read the maximum punishment, and then ask the distric attorney what offers they had for me.
The DA's offer was a 1 day DEJ class.
The judge asked me whether I accept the offer, I, of course, accepted this merciful offer.
But then she asked me whether I give up voluntarily the right of receiving support from an attorney. I was not sure whether consulting an attorney will make me give up the DA's offer. I asked the judge about this. The judge noticed that I did not fully understand the procedure, so she assign a Public Defender to me, since I do not work at all.
The PD was very kind, she told me that she could tell that I was a good person, and that it was reported that I showed regret (since I was walking back to the store at the moment the LP went out for me).
Normally, the crime gets into your record, and then gets dismissed after you complete a diversion program or any other offer made by the DA and the Judge.She offered to help me to get a PRE PLEA, which means that, if I complete the DEJ class, this incident will not even get on my record.

So, I went to a 1 day DEJ class, and now I only need to go back to court in 2 months for the "dismissal" confirmation. But I am basically done.

What I've learnt: Nothing is more valueble than the doors of opportunities that you could have with your career and skills. Do not close your doors by falling into this shameful temptations. Get ONLY what you need and what you DESERVE, and of course, in your capacity of paying it, not stealing it.
I have been deppressed for almost half a year, not worthiit... now I am so happy that I got my life back.


Let's be a good person, hope that everyone who reads this can learn from my experience.

Here, I want to thank cdwjava, and firt_time_offender. Although we do not know each other, but these kind people have been by my side all the time. They kept me company through this rough time. Please receive a big hug of mine, with my most sincere gratitud.

I am so glad to hear that everything is coming to an end. I was able to get through everything with the information everyone here provided and I'm glad I was able to help you do the same.