What is the Total Cost if You're Caught Shoplifting
My question involves criminal law for the state of: California
I was caught shoplifting early of May when I was 17, my case was report as a misdemeanor and now i am 18.
Facts
- First time offense
- Took a little over 25 dollars.
- Didn't resist, listened to everything they told me to do.
- Cops came, did finger printing, mug shot, paperwork, etc.
- Gave me a court date
- Sister took custody of me
- Got a probation investigation letter, and appointment to meet with officer.
- Have not yet received the Civil Demand letter.
- My family is very poor, and my parents don't know English.
Questions
- Will my sister be able to go with me to see the probation officer instead of one of my parents? She was the one that took custody of me after I was cited for shoplifting.
- I'll feel a lot better when I know the amount of money I would have to pay. Can you guys give me an estimate of what the Civil Demand and Criminal Charges together would be including possibly probation, and community service.
- Feel free to leave some reassuring advice, I need it :( money is a problem for me...
Re: What is the Total Cost if Your'e Caught Shoplifting
You are looking at $2000 or more.
Yep, shoplifting is expensive.
Best to take the parents to court, probation officer meeting. They should also look into a consultation with a Criminal Defense Lawyer.
Re: What is the Total Cost if Your'e Caught Shoplifting
If the value of the stolen property is under $50 they might charge you with an infraction, only. You might also be asked to pay a civil assessment to the business which can be up to $500 and will be in addition to any fines, fees or assessments by the courts should there be a true finding (a guilty verdict) in your juvenile matter.
No, big sister will probably not do. You can call to ask, but I doubt the probation office will accept a sibling as opposed to a parent. Because you are 18 they might exempt you from the parent requirement, but I don't know ... that's why you need to call and ask. Mom and dad may also be on the hook for your civil assessment and any fines or fees associated with this matter.
If you are arraigned and charged on the misdemeanor offense, you should be permitted access to court-appointed counsel.
A first time offense is often a couple years of probation including a search clause allowing the cops to search you or your residence whenever they please. You might also have to serve weekends in custody or do work release, pay up to $1,000 in fines and almost that much in fees and assessments.
Re: What is the Total Cost if Your'e Caught Shoplifting
Sir in your last sentence you stated up to $1000 and that much in fees. What kind of fees are you referin to?
Re: What is the Total Cost if Your'e Caught Shoplifting
Don't forget that it could also affect your ability to get certain jobs or enlist in the armed forces.
Re: What is the Total Cost if Your'e Caught Shoplifting
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AZDeputyClerk
Don't forget that it could also affect your ability to get certain jobs or enlist in the armed forces.
I was cited as a minor, and filed as a minor, the cops told me the record would be sealed after I turn 18. Is that not true?
Re: What is the Total Cost if Your'e Caught Shoplifting
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smile2ne1
Sir in your last sentence you stated up to $1000 and that much in fees. What kind of fees are you referin to?
The courts tack on all sorts of fees and assessments. I cannot articulate all of them have slightly differing scales. They tend to come to a high percentage of the original fine because a good many of them are based on a percentage of the base fine and not a flat fee.
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smile2ne1
I was cited as a minor, and filed as a minor, the cops told me the record would be sealed after I turn 18. Is that not true?
Not true. It CAN be sealed, but does not happen automatically. When you are done with probation and any time served, and a sufficient amount of time has passed, and if a judge agrees with a petition to have it sealed, the record can be ordered sealed.
However, the petition may not be permitted for a conviction of a crime of moral turpitude - a concept that includes the crime of theft.
Re: What is the Total Cost if Your'e Caught Shoplifting
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cdwjava
Not true. It CAN be sealed, but does not happen automatically. When you are done with probation and any time served, and a sufficient amount of time has passed, and if a judge agrees with a petition to have it sealed, the record can be ordered sealed.
However, the petition may not be permitted for a conviction of a crime of moral turpitude - a concept that includes the crime of theft.
I've done more research on this topic, and I'm get mixed respones. Are you saying my record won't be sealed until I do the petition? Sir, are you absolutely 100% sure about this, or are you just telling me the worst case senario? It seems like it just keeps getting worst and worst. I'm probably no where near as educated as you are, and I know what I did was unethical, that the law is always right; but please sir understand that I just turned 18 and I haven't even had the opoutunity to chase after my dreams. To be honest, I tried to steal a pair of Star Wars Pajamas and a pack of Hanes boxers, you know whats funny? At the time I was caught, the underwear I was currently wearing had holes in them, I'm sure being poor doesn't give me a reason to steal but for my life and career to be ruined over a few pair of boxers. Don't you think that would be a little unconventional. Please sir, I'm not the type of person to depend on another person, nevertheless a stranger, but we all know I'm desperate for help. So please sir with clean intentions and a warm heart, tell me what I have to do...
Re: What is the Total Cost if Your'e Caught Shoplifting
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smile2ne1
I've done more research on this topic, and I'm get mixed respones. Are you saying my record won't be sealed until I do the petition? Sir, are you absolutely 100% sure about this, or are you just telling me the worst case senario?
It is automatically sealed either 20 years after your 18th birthday, or 20 years after your probation/supervision by Juvenile probation ends.
When you have achieved your 18th birthday, or after you have cleared from Juvenile Probation (assuming no serious felonies or crimes of moral turpitude occurred as an adult), contact the court where you were convicted and ask for the petition form (it is currently referred to as a W&I 389 form).
If a court approves, then the record will be sealed for 5 years and then destroyed.
http://law.onecle.com/california/welfare/389.html
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So please sir with clean intentions and a warm heart, tell me what I have to do...
If you are convicted (aka a "true finding" is made) then you will have to wait until you are off of supervision before you can petition the court to seal the record. About all you can do now is seek legal counsel and hope that you can get the matter dropped somehow or pled down to an infraction which would keep it off of your criminal record.
Re: What is the Total Cost if Your'e Caught Shoplifting
I'm sure you do not wish to hear this, but here is reality.
1 shoplifting conviction can have a tremendous impact on your life.
- Apartment hunting? Yes, the application may ask if you have ever been convicted of a Misdemeanor. And details. So yes, your potential community manager will know you shoplifted.
- Job hunting? If the job involves money, merchandise, pharmaceuticals, a high level of trust (nurse, doctor, realtor)....you may not be getting the job. Sure McD's, will give you a chance - just not on the cash register.
- College? That Criminal Record can over-ride the Masters Degree.
You know....sometimes it is best to ask for help when it is needed. And look at alternatives. I know Goodwill sells used (clean, in good condition) underwear for cheap. The court system is not going to care that your underwear had holes. They care they you stole.
Now to sum things up....that set of pajamas and that package of underwear have become VERY expensive. Again, $1000+.