Caught Shoplifting and Headed to Court

My question involves criminal law for the state of: California


This is what happened.. I was going to Walmart to just get a couple things- bedding for my guinea pig, soft cat food cans, and cat treats...so I was in the pet section and i seen a package for flea repellant for cats,. I didnt have enough money to get that too, so I ended up sticking it in my purse where I thought there was no cameras. I didnt notice any anyways, guess there had to have been a hidden one because once I got caught and they brought me to the back room, i saw the video and it was pointed right down the section i was just at.

Anyways, so, they stopped me right outside the store and made me go back in with them. I was in such shock that I got caught that i resisted a little, tried to get by the girl but couldnt....Oh, so in the back room she says i have to call the police because what you took was more than 60 bucks worth, I was in tears instantly, I was so scared of going to jail, I begged her not to call but she did anyway... but I swear the cost of the flea repellant was like 59.99 or less and thats not over 60 bucks (I checked at another Walmart and the price for the same product was 49.99)( My boyfriend is going to check that one i took from to see what the price is and take a pic of it)...anyways, police came, wrote me a ticket, luckily I didnt go to jail. Thank god! The policeman told me i'd have to appear in court. My date is coming up, it's this wednesday, the 21st. December.

So my question is, can anyone tell me what its like when i go? And will i get jail time? And will there be drug testing? Should I plead guilty? Do i have a choice? Cuz i did tell the police and the store security that i wasnt trying to take it, I told them i was just putting it in my purse cuz I couldnt carry everything in my hands and i was going to pay for it up front, which was true..partly anyways, but I dont think they bought it. And I have got caught stealing one other time..but i was 14 or 15 y.o. and they released me to my parents, they paid a fine, and it was supposed to be off my record when i turned 18 but its still there-the policeman told me, he said nothing gets erased from your record. I'm 31 y.o. now and Ive never actually been arrested before. I'm hoping I'll just have to pay a fine when I go to court but really I dont know what to expect.

The one question i need answered most is, do they have the right to drug test me, is that something they do routine...when I was searched I had no drugs on me, so I'm assuming that wont be involved in my case. Am I right?


I greatly appreciate anyone who can give me some answers. I only have a day and a half till my court date so I pray that I can get some answers in time. Thank you again ppl.

I would advise you to stay out of ALL Wal-Mart's. You likely signed a piece of paper in that back room called a TRESPASS WARNING. It means if you are caught in the store, you can be leaving with a cop and a pair of silver bracelets on your wrists.

It doesn't matter what the cost of the item is at another store, either. Tell Boyfriend to stay out. By the way, did you know you technically need permission to take pictures inside a store? And that LP or management can also remove the boyfriend from the premises, without his camera, cell phone camera, or memory card?

Next up...as to what will happen....you will have court. You should retain a lawyer TODAY. If you can't afford one, then go in tomorrow, Plea "Not Guilty" and ask for a Public Defender.

You can expect to pay money for a lawyer or P.D. Court costs, fines. And a letter will be arriving in the mail from WalMart/their lawyers for a Civil Demand - this is separate from the criminal case. It is for the damages you cost to the store (the LP officers to watch and detain you; the cost of cameras, etc). You need to pay this, or risk the amount going up, being sued in Civil Court, and possibly having your credit rating affected.

All in all...that $60 you could not afford will not run you over $1000......

To address the amount of 60.00 - A few years ago Walmart established a policy for it's stores that they would not prosecute unless the item was $25.00+. Much of this was due to the police complaining about having to answer so many calls at Walmart for shoplifting. This was one of the most stupidest blunders in retail loss prevention history. Well you can imagine, their theft rate skyrocketed and now the public knew they wouldn't be prosecuted. It didn't take long for Walmart to end that policy and now people are surprised when the Walmart LP says they are calling the police. "But I swear the cost of the flea repellant was like 59.99 or less and thats not over 60 bucks"

About drug testing - if you are placed on probation by the court, drug testing may very well be part of the program.

Thank you guys for your answers.. Why should I plea Not Guilty, I dont get it? They caught me on camera i think, but they didnt tell me. Ive heard of something called diversion. Does anyone know what that is???

TY :)

You would need to talk to a lawyer or public defender about a Diversion Program.