Caught Shoplifting at Target, PC 488/490.5
My question involves criminal law for the state of: California
I am 21 y/o & committed a first time offense (488/490.5 PC) of $103 at the Target in Davis, CA. I know I'm completely stupid and dumb but I couldn't resist taking some items because I knew I couldn't afford to spend money on frivolous things (being the poor college student that I am). I am experiencing so much anxiety and stress from this right now; I regret my decision so much.
What happened: Skip to questions below if you'd like...
I slipped the items into my bag, and I guess I was caught on camera. When I was exiting, a guy blocked me and forcefully insisted I return inside with him. Asking over and over, "you know what you did right?" Well, I was physically shaking at this point so of course I cooperated, said yes, and went into a private room with him. He then told me to take all Target property out of my bag, and I complied.
They took my picture, copied my ID, but didn't ask me to sign anything. He then mentioned they had been watching me as soon as I had entered, and knew it wasn't my first time shoplifting. They kept pressuring me to give an estimate of how many times I had done it, to which I mentioned, maybe 3. The LPO said that it was definitely more , so I said less than 8. I had shoplifted, but few and far between. I know it was 3 - 4 times MAX!! So my second answer was "less than 8" because I wanted to be more ambiguous. LPO said he knew for sure it was less than 8 BUT long story short; they pressured me and guided my answers to possibly saying I had stolen at least 5 or 6 times, and over a couple hundred total. I KNOW this is not true. BUT, he said nothing mattered from the past, only what I had taken this time.
Target scans all the 'stolen' items onto a receipt to file on the report. One thing I'm extremely confused about is that the item amount I had taken I knew was maximum around $70 - 80, I heard one LPO say to the other that is was $83? But the LPOs scanned one more thing (I knew that price was $7), but suddenly they told me the total was $103. And, when I asked to see the receipt, I was rudely denied. Well, I am a criminal, but I felt that the total amount was suspicious....
Because of the dollar amount, the officer was then called in, and I was taken down to the station where I was fingerprinted/mug shot taken. My Miranda rights were also read. I did admit my guilt, I don't know if my honesty will work with me or against me though. The officer was extremely kind (something I greatly appreciate) and told me that although I was given a court date, the D.A. would probably send me a letter to work something out because they don't have the time to prosecute me for "100 dollars worth of junk".
I know I'm in the wrong & I just REALLY want to solve this, do what I need to do and put it all behind me and move onto a crime-free life. It will NOT happen again, and I was scared crapless when I as caught.
Questions:
1. Since the officer told me the D.A. would probably send me a letter, and that I likely wouldn't go to court, is there chance for a diversion or an infraction? Does anyone know the laws regarding shoplifting in this area? Which one is better in terms of having a clean record?
2. Will my arrest be on record and affect my future career possibilities? Even if I get the diversion or infraction?
3. What can I do so that this doesn't affect my chances for law/grad school? This is the thing I'm worried most about. I knew I shouldn't have stolen, especially since a law career is something I'm hoping to pursue.
4. 490.5 means I will be sent a Civil Demand letter right? How much will the fee probably be?
5. Even if I don't go to court, can I talk with a P.D.? I can't afford a lawyer.
6. If I admitted to shoplifting, do I now have to plead Guilty if I go to court?
7. Since I think the LPOs wrote in the report I had shoplifted 5-6 times like the same amount of stuff will that affect me in some way? I tried to deny it but they were vehement about it. Is it possible they could have confused me with someone else? It is a college town and there are tons of student shoplifters...
8. I'm about to graduate, will it affect my job opportunities?
Thank you! & I appreciate any and all advice :)
I understand that I was wrong and I made a mistake, so keep any negative thoughts to yourself; thanks.
Re: Caught Shoplifting at Target in Ca, 488/490.5 PC
1: You will likely be going to court. Diversions are not available in all areas - you would be best advised to consult with a Criminal Defense Attorney. If you cannot afford one in court, plead not guilty and ask for a public defender. You will NOT have a clean record unless the charges are totally dropped.
2. Yes, yes, and yes.
3. Law/Grad School. Honey, you need to retain a lawyer for sure. You may have screwed yourself out of Law School.
4. Civil Demands vary by state. Expect $250, could be higher, could be lower.
5& 6: See answer to #1.
7. They likely got a written confession out of you, or atleast kept notes. They also will have you on tape for the day they busted you. They may have tape from other times to back them up.
8. Yes.
Re: Caught Shoplifting at Target in Ca, 488/490.5 PC
Re: Caught Shoplifting at Target, PC 488/490.5
PaulFrank
I am an attorney licensed to practice in California. Do not take this as individual legal advice, but you may find my opinion helpful.
1. Uness the district attorney offers you a deal in advance of the court appearance, you will have to show up. The amount you stole, even using your numbers, is too high for this to be treated as an infraction in California. However, since this is a first offense diversion will probably be available to you. This is good news because you can avoid having a criminal record if you qualify for a diversion program and successfully complete it.
2. The arrest will be on your record no matter what happens. However, for MOST things, that is not much of an issue. Police records of arrest are generally not available to employers except for certain types of high level security jobs. The main thing is to try to avoid a criminal record, which diversion will allow you to do, if you qualify for it.
3. The best thing you can do about law school is make your best efforts to get into a diversion program and avoid a criminal conviction record. Pandora's Box is correct, however, that you may have screwed yourself out of law school already. My guess is not, at least with the non-ABA California law schools, which are more driven by profit motives than anything else. Even some ABA schools may take you, particularly if you don't get convicted. The even bigger issue is whether the arrest incident will keep you from being admitted to practice by the state bar in whatever state you want to practice in. If you know where you were planning on practicing law you should probably also consult a lawyer who specializes in ethics/admissions questions.
4. In California the civil demand amount is usually $500, more if merchandise is not recovered. Unlike most states, the California civil demand statute is not automatic and it is actually difficult for the store to enforce a civil demand if the shoplifter does not pay. Although in most jurisdictions I suggest people pay the civil demand, that may not be necessary in California. I believe most lawyers in California tell their clients not to pay and that civil enforcement actions are very rare. Since you should consult a criminal defense attorney anyway, you can ask about the civil demand at the same time and hopefully get guidance there as well.
5. A public defender might talk to you before a court appearance, but technicaly they have to be appointed by the court so they cannot really represent you before a court appearance. If you do go to court without a lawyer, tell the judge that you cannot afford one and would like one appointed for you.
6. No, you do not have to plead guilty because you admitted to shoplifting. All a "not guilty" plea means is that you insist that the state prove its case. If you have to enter a plea at the first court appearance, plead "not guilty". It is true that if this goes to trial, based on what you have said, conviction is certain. However, the "not guilty" plea keeps your options open and gives you room to negotiate another alternative, hopefuly a diversion program.
7. Whether or not you shoplifted before without getting caught would only matter if you had been charged with burglary, a felony. A repeated history of shoplifting might be evidence of a "modus operandi" which could show intent to commit a crime before entering a building. From your description, that is not a problem for you as you were only charged with a misdemeanor. For reasons I do not fully understand, loss prevention personell seem to like to get a suspect to confess to a history of shoplifting. And yes, they could have confused you with someone else.
8. If you avoid having a criminal record, most job opportunities are not affected that much (although see answers 2 and 3 above). Some employers do ask if you have ever been arrested on job applications.
Re: Caught Shoplifting at Target, PC 488/490.5
Good advice by others,obviously don't steal again. It's best to just keep quiet and don't give to the lp scare tactics. People general ask you question like that b.c they can't prove or don't have a solid case on what exactly u took proof wise. (they need to help them shoot yourself in the foot)