Caught Shoplifting at JCPenney

My question involves criminal law for the state of: California.

I stole $80 of merchandise at JC Penney. They were on sale, so when I was caught, they marked it as the actual retail price which was $165. I slid the items into my purse and thought I was home free despite I was terrified. My boyfriend was with me and thought that I would make it out okay. We were caught by the door by the LP Agent who said, "You must come with me" and dragged us quite painfully to the detainment room.

There they questioned us if we did it, took our things, our identification, phone numbers, everything except our social security. Eventually we admitted our wrongs and returned everything, but because of our ages (24 and 23) they decided to prosecute under California Penal Code 490. We were not read our Miranda Rights. We signed some papers. One of them was the list of items that were stolen and we were going to pay for them, second was the ban of the premises for 6 months, and we are uncertain what the third paper was (if we did, we cannot remember as we were frozen in fear). We were arrested on the spot and taken to the police station despite we were cooperative and agreed to to the ban, apologized, returned the items in tact and unharmed, and agreed to their civil demand. The Police also did not read us our Miranda rights, and we were not interviewed. We had our photos and fingerprints taken and once we were cited, we were released. We were given a court date. We are unable to sleep and are frightened to death. We have never done anything like this before, and while many people said that admitting to the wrong doing was bad, we thought we were doing the right thing by admitting the guilt. We are literally riddled with grief with the fact this will damage our future careers because of a small, but frustrated, mistake.

Anymore facts include: The theft was in California, we were not interviewed or recorded by the Police, we were not kept in jail for more than an hour for them to book us, and insofar we've cooperated and showed great remorse for our actions. But we don't know what to do now. We are told to consult a lawyer, but we have hardly any money to afford one (in fact, the theft was on the basis we hardly have money). We are going to seek a Public Defender, but we are unsure of how this will all cost.

Will we go to jail? Will this be on our permanent record? At some point I was hoping to work for SBA or go to law school, but I am afraid I have completely jeopardized my dream.

The store loss prevention staff were not required to read you your "Miranda" rights and according to what you wrote, the police were not required to do so either. You can expect a Civil Demand of $500.

Will that be all? It sounds like there is so much more that is to be expected. I also forgot to mention this is a first offense.

LOL, depends on whether it is pursued criminally also. I am sure this was the first time, since you work so well as a team. Horrible that LP and police treated you like criminals. Oh wait hold that.... you are criminals. You should insist they charge you with the sale price, after all, with your 50% discount and his 50%, you really didn't do anything wrong correct?

Well, that's not all. You wrote in your initial thread that the police were involved so you can expect criminal prosecution.

You can expect the Civil Demand as noted above (This is likely the form you don't remember what it was).

You can expect a court date and a Criminal Record. Court costs and fines.

The papers you signed:
- Stay out of all JC Penneys.
- The form you signed with the list of items stolen is basically an admission of guilt.

You both should get a Criminal Defense Attorney. If you can't afford one, plead Not Guilty at arraignment, and ask for a Public Defender (there will be a cost for a PD, and you need to qualify).

It doesn't matter that the items were returned - if LP had not busted your asses at the door, you would have deprived the store of $165 of merchandise. Forget the sale price, stores count theft by the original full retail price. Also, once you put the items in your purse, your intent to steal the items was clear.

Yes, it will affect your job options for many years as you will have a criminal record. Yes, it will cost a lot of money....

Since both of you were charged, you BOTH can expect the civil demand letters, court costs, fines, costs of a lawyer/public defender....

It was a terrible mistake, and it is something I have never done before. In fact, I had no idea what I was doing, and I was caught the first time. I understand that I will be punished and I will take the punishment willingly, the issue I am having is, is there a way to achieve a dismissal? I will pay the civil letter, I will pay the fines, I will do whatever is necessary to prove that I am sorry, that I will be responsible and take my consequences, and never ever do it again. I have not slept, and cried my eyes out for the past week. I can't even bring myself to eat I am so upset. I am not a bad person, just someone who made a bad decision once, and I am certain last, in her life. Desperation is what drove me to do it, and while I do not want anyone's pity because I deserve punishment, I am pleading that someone or something is out there that will show mercy on a very childish mistake. I'm not just upset at all of the shame, but I am upset that the rest of my life will be possibly governed by this, and all my dreams are being flushed away. Even if I get it expunged, I will never be able to work in the line of work I want for the rest of my life. If I get deprived of the one career that will make me happy, I will be beside myself.

I do not want a 15 minute lapse in judgement to determine the rest of my life, in particular since I have a clean record (both driving and criminal), no late fines, no debts (save for my education), and I have always tried to be a good citizen. It was all a lapse of judgement and I knew it immediately... I just don't want it to be on my record for that stupid fifteen minutes. What happened snapped me back to reality, a snap that will stay with me emotionally, and I realize that all this hard work and education I've literally put myself into poverty for will be for nothing if there is a conviction. I want to convey that so badly, but I do not know how, or whether or not it will make even a difference.

I have heard of an ACD, but there has to be qualifications. How do I qualify for a public defender? Should I just give up? I'm sorry if I wrote a wall of text, I'm just so sad and I don't know who to talk to. I've talked to attorneys, and each of them says there's a possibility of dismissal, and sometimes there's not, and I don't know what determines it....

To get a public defender, plead not guilty and ask for one.

You can ask about a First Time Offenders Program, but they are not available everywhere. They also cost money.

Honestly, given the circumstances - you and boyfriend busted together....the chances of it are slim.

I do not mind paying for any fine that is given to me. I will pay anything and do any community service if they are able to make sure this does not get on my permanent record....

I do not mean to sound ignorant, but why do my chances look slim? After reading up on the forums here, it has appeared many people have received just a civil demand, and at worst they were given a diversion program or some community service to get the dismissal. Pertaining to the other shoplifting cases that were reviewed here, what makes mine a slimmer chance? Even with a defense with a public defender I will still have a slim chance?

Thank you for your time and advice. I do not mean to be weepy, I am just afraid, and trying to prepare myself for the worst.

It all really depends on the prosecutor in your area, how tough he is on shoplifters.
These are factors the Prosecutor will consider:
- $165 is a lot for a first time thief.
- You and your boyfriend were working together.
....which showed you planned to steal.