Shoplifting at Anthropologie
I was caught with $120 in merchandise at an Anthropologie store in California. I am 23 years old. Up until then, I had never gotten in trouble with the law before, and I had a clear record. I was foolish... I know my life is forever changed and I can never go back... I feel so terrible and scared... mortified at myself... I would give anything in order to erase this shame and try to go back to normal. The buzzer on the door alarm was not merely my downfall... but I realize now it was a wakeup call to my stained karma.
I went with the store managers who held me in the back room. They took a Polaroid, and I did sign a no trespassing statement that bars me from their chain of stores. The police were called, and the officer read me the Miranda statement. I was in such pieces that I confessed to my guilt and what I had been doing on the spot and the officer wrote down everything. Then she informed me that she was arresting me, but that I would not be taken into custody. She gave me a 'Notice to Appear' in court slip, with information that I was charged with a Misdemeanor of CPC 484/488 Petty Theft.
I know my fate is set no matter what I plead. I made my my bed and I will lie in it. But I have to try... and I want to know all of my options and be as informed as possible before I go.
I have been debating on whether to plead guilty as I had originally planned as I had already been written up by the police officer, and as I have seen also that another person in California did so and managed to get the option of a diversion program to avoid a conviction. However I have also seen some advice on other threads to plead not guilty and attempt to get a lawyer or public defender...
- Is there any way to know my likelihood of qualifying for a public defender? That is, would I have to go to the public defender's office, or just get surprised when I go in for my first court appearance?
- Conversely, is there any way to know my likelihood of qualifying for a diversion program?
- Furthermore, it seems a diversion program will undo or eliminate a conviction but is it known if there is a way to undo a record of an arrest?
- And then on the other hand, any advice on how to start to search for a competent criminal defense lawyer would be appreciated...
- Most importantly, however I deal with this... I'm just terrified that people around me particularly my friends and coworkers will find out (and that I will lose the job that I just barely managed to get...) I have seen in other threads that this arrest is public record and that it will (or might?) be published in the local paper... but when and where in the paper is unclear to me. Information on how to find out about that (and/or prevent that) would be appreciated. I have this fear that the store employees might decide to post my polaroid in the store...
- I am expecting some kind of civil demand letter to come in the mail but I would like to be prepared. Knowing what kind of range of fine(s) California law provides for would be helpful. I have Googled this but I can't seem to find that out or what the statutes are (rather, just a bunch of wikipedia articles on what it is).
[*]Should I be convicted, in California is it possible that a misdemeanor conviction eventually expire off the record as in this thread...? (Maybe I misunderstood the post)
update:
I just managed to go to a 'free' consultation with one attorney who has said that the court I've been assigned to doesn't have the diversion program available... This county tends to prosecute even first time offenders.
It seemed like his take was that the most realistic option would be to (1) try to do a civil compromise with the store beforehand and then if that didn't work out (2) try to get the charge reduced to an infraction of vandalism or trespassing. The attorney said that an infraction wouldn't show up on a background check. The only way to not get convicted would be to (3) go to trial, but then with my admission of guilt at the scene it would be a serious gamble to count on the store LP not showing up for the court trial.
My luck has been so bad lately (what with the stressful situation before what I did that didn't solve it but compounded it) that I don't know about #3.
Today, I have received an email from another attorney saying there's a possibility of a 'D.A. dismissal.' I don't know if that is even less likely though.
I've contacted about 5 attorneys and am trying to set up consultations to see which one to pick.
Re: Shoplifting at Anthropologie
Your qualification for a court-appointed lawyer will depend upon the standards set by your court. You can petition for a lawyer and see what happens. I don't know what court hearing is scheduled next - if it isn't a trial, you may be able to meet with a prosecutor at that hearing and see if the prosecutor will reduce the charge to an infraction, if that's what you believe to be an acceptable outcome. A dismissal by the D.A. would suggest no conviction of any sort, which would be a very good outcome for somebody who confessed to a criminal act. Here are some suggestions on finding a criminal defense lawyer.
Re: Shoplifting at Anthropologie
Quote:
Quoting
Mr. Knowitall
Your qualification for a court-appointed lawyer will depend upon the standards set by your court. You can petition for a lawyer and see what happens. I don't know what court hearing is scheduled next - if it isn't a trial, you may be able to meet with a prosecutor at that hearing and see if the prosecutor will reduce the charge to an infraction, if that's what you believe to be an acceptable outcome.
I don't think it is a trial... I only got a slip of paper as a "Notice to Appear" and I haven't done that yet. Haven't set foot in court yet - I apparently have until next month to schedule a court time. I keep thinking that there is supposed to be something arriving in the mail for me from the court that is more official or something... but the shoe hasn't dropped yet. (I've also been waiting for the civil demand letter, which hasn't come yet either...)
As for reducing the charges, I'm mainly concerned with this incident showing up on a background check and dogging my steps forever... (Although for my mistakes I must be punished and I will accept that fact.) The attorney in the consultation had said that it wouldn't show up, but I think I've read the contrary in another thread here.
- How do I find out if in my state an infraction will show up in a regular background check for employment?
Quote:
Quoting
Mr. Knowitall
A dismissal by the D.A. would suggest no conviction of any sort, which would be a very good outcome for somebody who confessed to a criminal act. Here are some suggestions on
finding a criminal defense lawyer.
Thank you for the link. It seems to conclude that I will still need to be using my instincts for choosing a lawyer in the end...
- Do you know if there is any particular criteria to qualify for a dismissal, or does that just vary to the whim of the D.A.?
Re: Shoplifting in California
I went to talk to another lawyer.
Apparently the court I was assigned to (Harbor Court in Newport Beach) is one of the toughest and most unsympathetic courts to be sent to. It doesn't do me any good to know it, but apparently if I'd been assigned to any of the other courts I would have stood a chance of getting either a dismissal or at least an option of a diversion program. I guess the difference of 10 miles can make or break you in everything including making mistakes.
Because I admitted guilt and confessed to my crime at the scene to the police, the lawyer said that it was even more unlikely that the D.A. would consider a dismissal. Although according to her, sometimes the impossible can happen, it comes down to what the D.A. had for breakfast. But the impossible is the impossible. I'm trying to accept that I have no chance of being able to walk away from this mistake.
Best I could hope for would be to have the charges reduced to an infraction (though, what kind of infraction, I forgot to ask.) According to this lawyer an infraction would not show up on a background check. Although from reading the forums it seems like it will still show up somewhere in certain employment fields.
So far, nothing showed up in the paper about my arrest, for which I am thankful. Guess there were enough rapes, burglaries, and homicides to push my stupid stuff out of the picture.
September 11th will always have a new meaning for me from now on...
Re: Shoplifting in California
On the bright side, there is a good bar right next door to Harbor Court....they serve a great Bloody Mary.
Re: Shoplifting in California
Great! ;) Then, her next post will be in the "traffic law" section and start something like this......."......after coming out of court for a shoplifting appearance, I went to the bar next door and had a few bloody-marys.....then on the way home I was stopped by a state trooper......"
:)
Re: Shoplifting in California
Ha! Who knows what the future will bring?
"There is no joy like schadenfreude" huh?