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Caught Shoplifting, Age 26

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  • 05-19-2011, 06:28 PM
    CAthefty
    Caught Shoplifting, Age 26
    My question involves criminal law for the state of: Ca

    i was caught taking about $80 in clothing @ target, the lp brought me to the back they started going through my wallet, got my info,id, and fingerprints, they told me i should expect a letter in the mail for a civil demand and a court date/ misdemeanor charge.. gave me a paper to sign it says code 490.5, this is my 1st offense ever and LAST!. i had no intention of stealing when i came in i was stupid and acted on impulse... i am 26 year old and im planning on going to school... even thought no police came will this go on my record? do i need a PD? please Reply asap!
  • 05-20-2011, 06:58 AM
    PandorasBox
    Re: Caught Shoplifting, Age 26
    You need a criminal defense attorney. If you can't afford one, plead Not Guilty and ask for a public defender.

    Yes, you will have a Criminal record.

    Expect court costs, fines. Possibly probation, community service, or anti-shoplifting class (you get to pay for these, too). P.D. is not free either.

    School....discuss the charge with your counselor....there are a lot of fields that will not hire anyone with certain misdemeanors. Even if you get a reduced charge, the original is still visible. You will also be ordered to make a trip to the police station for formal mugshot and police fingerprinting. You may be in the National Retail Theft Database, as well.
  • 05-20-2011, 09:59 AM
    CAthefty
    Re: Caught Shoplifting, Age 26
    Is there a way where I can get into a diversion program? The LP lady told me if i cooperated it will make it easier for me...and that i may get community service or somethingand it be taken off my record...I've heard that there may be options if available around the area in which I can discuss with a lawyer or PD I've never committed a crime and I've learned my lesson! I went from being scared and nervous to Ok now I'm back to square one...this just happened last sun... What are the best options to do now?
  • 05-20-2011, 10:39 AM
    flyingron
    Re: Caught Shoplifting, Age 26
    Taking legal advice from the police is a bad idea. Taking any sort of advice from LP people (who are by and large the bottom feeders in private security) is even worse.
    When you get charged, obtain counsel of a lawyer. If you are indigent and can not afford one, ask for one at your first court hearing.
  • 05-20-2011, 11:41 AM
    CAthefty
    Re: Caught Shoplifting, Age 26
    In my case should I enter a not guilty plea or nO contest and ask for public defender? I'm not currently working I've never been in court before... Thanks so much for the info...
  • 05-20-2011, 08:34 PM
    PandorasBox
    Re: Caught Shoplifting, Age 26
    Not guilty, and ask for P.D.
  • 05-20-2011, 09:49 PM
    CAthefty
    Re: Caught Shoplifting, Age 26
    Ty for the feedback
  • 05-21-2011, 04:19 PM
    CAthefty
    Re: Caught Shoplifting, Age 26
    Is it true that a asset protection person can charge you with a crime? Even though you haven't receive a court summon? I'm sure they might have entered me into a retail theft database.. But a put something on my record??
  • 05-21-2011, 05:01 PM
    PandorasBox
    Re: Caught Shoplifting, Age 26
    The LP would write up a report and forward it to the Prosecutor's office for review.
  • 05-21-2011, 06:23 PM
    cdwjava
    Re: Caught Shoplifting, Age 26
    Quote:

    Quoting CAthefty
    View Post
    Is it true that a asset protection person can charge you with a crime? Even though you haven't receive a court summon? I'm sure they might have entered me into a retail theft database.. But a put something on my record??

    The loss prevention people call the police. The police take a report which should include a written and/or verbal statement by the loss prevention personnel and any witnesses. There might also be video tape evidence, documents signed by the suspect, etc.

    In some cases the suspect might be booked, might be released at the scene, or might be released with a citation to appear in court.

    The police will forward the report to the District Attorney who will then make a decision on prosecution. If prosecution is to go forward and no citation to appear had previously been issued, then a summons or an arrest warrant will likely be issued.
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