Petty Theft in California

My question involves criminal law for the state of: Petty Theft

In the beginning of December me and my friends were caught shoplifting in Sephora in California it was marked a misdemeanor. I turn 18 in the end of February and my court date is in the first week of February, will i be tried as an adult? even if I am going to juvenile court?. I took around $180 in makeup and left the store and the store security guard brought caught us and brought us back into the store. After we were then transported to the police station in the mall, were they detained us and gave us or slips. My question is will i be fined and around how much because i have to pay for it, also what other repercussions will come out of this like jail, community service or what not?. Should i hire a lawyer still even if they have the security tapes. This is my first offense, no parking tickets or anything

If you are in Juvenile Court you should be tried as Juvenile

as a first offense you will probably end up with a fine (civil demand), court fees, and could get probation and maybe some community service.

Civil Demand varies from state to state, but I would expect to pay atleast 200-300 for that alone, which in no way is associated with criminal punishment, or any kind of court fees (which could cost you another 100+)

jail/detention center time is VERY unlikely. I would not bother hiring your own personal lawyer for this, but that is your choice...its a misdemeanor and there wont be much to bargain or lesser the charge anyways..

I am an attorney licensed to practice law in California. Do not take this as creating an attorney-client relationship. However, you may find my opinion helpful.

I believe your case will remain in juvenile court unless a motion is made by the court or prosecution to have you tried as an adult. That is generally done with only serious crimes. Petty theft is a criminal act, but considered a minor offense.

You definitely should consult a local lawyer who is competent with handling petty theft (i.e. shoplifting) cases. This is so because in California there are diversion programs usually offered to first offender shoplifters. Since this is your first theft offense, you may be eligible for diversion. If you are entered into a diversion program you may have to complete a program that involves counseling and community service, but if you complete the program you can avoid having a criminal conviction on your record.

Diversion is NOT automatic. You cannot expect the prosecutor to offer it to you. You need a lawyer to guide you through this to minimize the consequences.

If you and your parents cannot afford a lawyer, ask the court to appoint one for you. This is not a "free" option. There are payback obligations, but at least a lawyer will be on board to advise you.

If for some reason diversion is not available to you, if convicted you will not go to jail for a first offense. There will be a fine and perhaps some community service.

A lawyer can also advise you about having your juvenile records sealed at a later date. This is an easy way to clean up your record for most purposes. Again, it is not an automatic process in California. You need a lawyer to help you do this right.

Your parents will also probably receive a $500 civil demand in the mail from the store or its attorneys. This is completely separate from the criminal proceedings. Although in most states I tell people to just pay it, in California the penalty is not automatic. Most attorneys advise their clients not to pay the civil demand and to just ignore it. In fact, there are very few civil enforcement actions filed in court. I am kind of on the fence on whether it should be paid or not. I will defer to your lawyer on that point.

Good luck.

should i pay the civil demand?

That is up to your parents.

If they don't....the next bill can be doubled...then tripled...the "see ya in court" which includes the stores lawyers legal fees. And could go on record as a bill your parents didn't pay, thus a mark on their credit rating...

Best to have them to talk to a lawyer and make the decision themselves....

Some here will tell to ignore the Demand others will tell you to pay it. From my own experience in California I was responsible for the Civil Demand program for a major retailer. When someone refused to pay or ignored the Demand mu office followed through in the court system. One poster told you that there are "very few civil enforcement actions" filed in court. I can only tell you that I filed on 82% of those who refused or ignored the Civil Demand. You take your chances.

So i should pay the civil demand its $250? Also I was wondering about how much my court fees would be, and how much civil defenders cost

As to whether you should pay, we can not guess. If you don't pay, you're rolling the dice as to whether they will sue you (in which case $250 will be a bargain). It depends on the store.

Court costs vary with the county but it's going to be several hundred dollars. A public defender costs nothing if you are indigent. If not you will be expected to obtain and pay your own counsel. That could run a few thousand.

Here....public defenders do cost $250....

So my civil demand is 250 a public defender is 250 and i still have to pay a heavy fine plus court fees-__- Im going to paying back my parents for the rest of my life, I cant even get a well paying job becuse of the economy and plus im not 18 yet, Thank you though for all the helpful advice

Shoplifting is expensive. Those signs in WalMart that say it can cost $2000 - they are not kidding.

Oh...we forgot to mention...if you get a Diversion Program, or Community Service - there are charges for those also.

Jobs....McD's will take shoplifters. You can pretty much cross Retail jobs off your list.