Petty Offense Shoplifting Prosecutions in San Mateo, California
My question involves criminal law for the state of: California, specifically San Mateo County
I recently got cited with petty theft in San Mateo, under $200. First time offense with the law. I'll spare you the unnecessary details of how much I feel like shit about it and cut straight to the chase...
Since this kind of thing has never happened to me before, not even for a traffic citation:
What do can I expect in court? I'll be called up by the judge and s/he will sentence me right away?
How can I find out if there are diversion programs available for me?
If I am a college student in another state, what typically happens? Will I just complete my sentence in another state?
In a case like mine, how likely is it for this to get reduced to an infraction? Depends?
I've already confessed everything to both police and the LP department and I plan on going in there with full on honesty with a guilty plea. Even going as far to offer information (to the LP) like how I have done this just ONCE before, truthfully. I probably shouldn't have even said that but I thought that this was my chance to let everything out and be a completely honest person. Will this also count against me in court? or, should I phrase the question: will this still count as a first time offense despite this confession?
Hopefully the law isn't blind to my cooperation and willingness to be open.
If anyone has experience and has a story to tell, please do. I am going crazy thinking about the future investments I have effectively gamboled away from this experience. Thank you in advance.
Re: Petty Offense Shoplifting Prosecutions in San Mateo, California
To find out if a Diversion Program is available, you need to talk to a lawyer in the area the crime occurred.
Being in a different date for college, you do need to talk to a lawyer.
Plead not guilty, as a lawyer will know about Diversion and First Time Offender programs in the area. Since you live in a different state, a lawyer whom you can meet will serve you better than a public defender you will not meet until Court Day.
You will want to talk to your school advisor....and research your state laws. For example, in Michigan, I can't apply for Expungment for 5 years since my crime. Other states are longer. Since police are involved, (unless your lawyer can get you a good Pre-Trial Diversion or other program), the record will show on criminal background checks.
Court: It is a good idea to go visit the court before you go, see how things play out. Your lawyer will do most of the speaking. I had a plea deal, and just "Guilty, your honor". Have you paid the Civil Demand "Yes your honor". Your sentence is..."Thank you, your honor"
DO: Dress nice like you were going to an office job interview. Cover tattoos. Remove facial piercings. Only 2 piercings per ear. If your hair is green, purple - make it a natural color. Be polite.
DON'T: Spit on the sidewalk. Swear. Argue. No gum, cigarettes, tobacco, or pop. no sunglasses. No friends, no kids - just you and your lawyer. And do not turn on your cellphone, not even to Vibrate, leave it outside. Do not bring a book or i-Pod.
The judge is "Your Honor". Not Sir Or Maam.
Your belongings will be sent through a metal detector, ala an airport. Ask the officers for directions where to go next. You will be directed to sign in, then sit down, your lawyer will find you here (sit closest to the judge you are assigned to).
Hope that helps.
Re: Petty Offense Shoplifting Prosecutions in San Mateo, California
What if I do not want to a lawyer? I simply cannot afford anything so I plan on dealing with this myself.
Re: Petty Offense Shoplifting Prosecutions in San Mateo, California
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sanmateocounty
What do can I expect in court? I'll be called up by the judge and s/he will sentence me right away?
Your first hearing is the arraignment. Your charges will be read and you will be asked for a plea. If you plead guilty, and the judge accepts the plea, he or she will set the matter for sentencing if there is nothing else to be done. If you plead not guilty, you will be given a new appearance date for trial or whatever interim proceeding might be necessary. You will also be asked about legal counsel. If charged with a misdemeanor per PC 488 then you should be given the opportunity for court-appointed legal counsel.
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How can I find out if there are diversion programs available for me?
Contact the court or the county Bar Association.
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If I am a college student in another state, what typically happens? Will I just complete my sentence in another state?
Maybe. Chances are you will have to pay fines and be on probation.
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In a case like mine, how likely is it for this to get reduced to an infraction? Depends?
If the value of the property was under $50 then it's very likely. Otherwise, not so likely.
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I've already confessed everything to both police and the LP department and I plan on going in there with full on honesty with a guilty plea.
The court may not accept it until after you have consulted legal counsel (court appointed if necessary). So, be prepared that they might not allow you to enter it right away.
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Hopefully the law isn't blind to my cooperation and willingness to be open.
That will likely play into your favor.