My question involves criminal law for the state of: California
This incidence happened in Tulare County, so if you are familiar with their laws, please apply them to my case.
I am 18 years old and was caught at JCPenney for petty theft, taking makeup that totaled $312. An officer gave me a ticket in the back room with my court date and wrote 488 PC.
This is my first criminal offense and I've never gotten in trouble with the police before. I'm an honors student and am currently majoring in nursing. My deepest concern is to avoid getting a criminal record, which may prevent my ability to get my nursing license after I graduate.
So my questions are:
How should I go about getting a diversion or my misdemeanor charge reduced to an infraction? Does Tulare County offer a pretrial diversion program? Will this result in an avoidance in conviction and the charges kept off my records? How likely am I for this to happen? (I understand that an infraction does not involve getting a criminal record and only involves a fine, etc.)
Will hiring a lawyer help really help my case? I've consulted with several lawyers but can't help thinking that they only want me to pay for their services while I might end up getting my charge diverted with only a Public Defender.
Will my clean record, grades, activities, etc. be seen somehow by whoever decides my fate? Will these factors help my case at all?
Will revealing my motivations and stresses to the lawyer/PD representing me help my case? (My father was recently caught cheating on my mother, along with a few other incidents that affected how I felt towards myself. This is no excuse, since I chose to act the way I did, but I have no other explanation of why I acted out.)
Can a misdemeanor be expunged from my record? I understand that infractions can be expunged, but if possible, how long will/can I have to wait for the misdemeanor or infraction to be expunged?
My deepest concern is avoiding any criminal record, as it will affect my ability to get my nursing license when I graduate. I am so embarrassed that I acted on impulse and got myself into so much trouble over trivial material things. I appreciate any help you can give me. Thank you in advance.
Petty Theft Misdemeanor in California
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11-12-2012, 10:47 AMprenursingPetty Theft Misdemeanor in California
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11-14-2012, 05:53 AMMr. KnowitallRe: Petty Theft Misdemeanor in CaliforniaYou should ask a local lawyer about the availability of diversion programs and whether you qualify.Quote:
Quoting prenursing
Those lawyers you spoke with said what about diversion?Quote:
Quoting prenursing
Having a clean record doesn't hurt, and can help you qualify for a diversion program if one is available, but it's not a proverbial "get out of jail free" card. Everybody has a clean record until the first time they're caught.Quote:
Quoting prenursing
Any song and dance you give to a prosecutor is likely to come out sounding like this.Quote:
Quoting prenursing
Read this.Quote:
Quoting prenursing
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11-14-2012, 08:52 AMPandorasBoxRe: Petty Theft Misdemeanor in California
First off....$312 is not a first time shoplifting. It is a First Time Being Caught. The dollar value of the merchandise will reflect that to both the prosecutor and the judge.
Nursing...you need to talk to your student advisor and also scope out the job market. See how many job ads for a Nurse state "must pass Criminal Background Check" in them. And know that you won't be passing that.
You may be able to get your charge reduced with the help of a lawyer. However, it will still be a Misdemeanor at the very least. And a thorough background check will still show the original arrest charge. And yes, you have been arrested technically. You can expect that the judge will order you to go to the state or local police for fingerprints and mugshot. Yes, this is serious.
Public Defender....you may or may not qualify. Depends on your finances. They both likely went to the same law school. The only difference is that a Private lawyer will have more time to spend on your case than a P.D. will.
Oh..I guess I should mention this too....Nursing School. If you are on any Financial Aid program or Scholarship....a shoplifting charge often means you will lose that.
Not trying to sound mean, just being brutally honest.
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A little research pulled this up:
If it is your first theft or "theft-related" offense, but the item(s) exceeded $50, you may be able to participate in a diversion program. Informal diversion is a type of "deal" that your California shoplifting defense attorney may be able to make with the prosecution.
In exchange for a dismissed charge, you may be required to do any or all of the following:
Repay the value of the merchandise which you allegedly stole;
Complete an agreed to number of community service hours; and/or
Attend anti-theft classes.
Community Service and Anti-Theft Classes....you get to pay for the those privileges.
You will have court costs and fines...also the store will be sending you a Civil Demand notice that you need to pay immediately. The C.D. will be a minimal amount, typically atleast 3 times the cost of goods you shoplifted. Even if they recovered the items, it still deprived them of merchandise on the salesfloor; time for LP and management to detain you and fill out paperwork; and a contribution to the costs of all those pretty cameras, the LP wages.....
You'll find the $312 in makeup will run you more than $2000 in the end. And even more, because now it will limit your job options.