Arrested and Fired After Giving Away Merchandise at Work

My question involves criminal law for the state of: California
Ok so I was arrested and fired from my job for giving out free items I wanted to know if this is considered shoplifting it happened 6 years ago in 2007.
Also I recently was charged with two shoplifting cases. I am not here to be judged so if your are going to be judgemental please dont comment on this thread I am seeking advice on what to do in court. Do you think I will be going to jail I am a good person just messed up in life a few times I know that california has a penal code in regard to three shoplifting musdeameanors. Should I plead guilty in court should I ask for a lawyer I dont want to go to jail I am in school trying to better myself I had a few rough times in my life which caused me to shoplift I am not making up excuses I know I was wrong and I am willing to accept the consequences for my actions I just want to know what to expect. My first offense was commited in california in a different county my last two offenses were commited in the same county less then a month apart from each other. PLEASE HELP

No, giving out free items at work may be theft but it's not shoplifting.

It is also apparent this is something you have been doing on a regular basis. I don't need to make a judgment, I already have you figured out. You need to hire a lawyer who can attempt to mitigate the damages. Reinvest the monetary value of everything you have stolen over the years to pay for one.

You will want to talk to a criminal defense lawyer. And check job listings, as having a criminal record may mean your school means nothing....

Giving out free items is fine....as long as the items were to be given away....

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Quoting dsj9

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My question involves criminal law for the state of: California
Ok so I was arrested and fired from my job for giving out free items I wanted to know if this is considered shoplifting it happened 6 years ago in 2007.

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It could be burglary, or it could also be embezzlement. Or both. Or, they may have pled it down to simple theft. If you were arrested, you should be able to tell us - what were you charged wqith? Were you convicted? If so, what was your sentence?

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Also I recently was charged with two shoplifting cases. I am not here to be judged so if your are going to be judgemental please dont comment on this thread I am seeking advice on what to do in court.

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That's what your attorney is for. If you cannot afford an attorney, one will be appointed for you.

And, yes, we can judge you if we wish. Clearly you have not learned your lesson so with any luck this penalty will be more harsh than the last one.

What specific statutes have you been charged with this time? Do you know if they are felonies or misdemeanors?

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Do you think I will be going to jail I am a good person just messed up in life a few times I know that california has a penal code in regard to three shoplifting musdeameanors.

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Actually, they have a section about prior convictions for thefts where time has been served .. but that may not apply. Before we can make that determination, you will need to tell us what offenses you have been convicted of, what your sentence was, and what you are currently charged with. Or, you can ask your attorney.

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Should I plead guilty in court should I ask for a lawyer

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It is rarely a good idea to plead guilty to any crime without seeking the advice of legal counsel.

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I dont want to go to jail I am in school trying to better myself I had a few rough times in my life which caused me to shoplift

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No, these "rough times" did not CAUSE you to shoplift. You made a conscious decision to commit theft. Understand that theft is a crime of moral turpitude and it can haunt you through the future because it is evidence of poor judgment and moral character. Many employers can use such prior convictions as good cause not to hire you.

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I am not making up excuses I know I was wrong and I am willing to accept the consequences for my actions I just want to know what to expect.

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If found guilty, you could face fines, jail time, or prison time - depending on the specific offense(s) now and in the past. Chances are a short jail time and probation are in your future - along with fines, restitution, and a civil demand to the business.

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Quoting cbg

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No, giving out free items at work may be theft but it's not shoplifting.

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There's no California law as Shoplifting. It's generally charged as 484 PC which is the general THEFT statute (and 488 which says that every theft not described in one of the special cases in 484 is Petty Theft) so I'm not sure what the "distinction" you are trying to make.



The question the OP asked is simple. He should plead NOT guilty and ask for a public defender if he is indigent or obtain an attorney of his own if he does not qualify.

NEVER plead guilty unless you have good counsel on the implications of doing so.

Well then, I was right, wasn't I? It's NOT shoplifting.:D

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Quoting flyingron

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There's no California law as Shoplifting. It's generally charged as 484 PC which is the general THEFT statute (and 488 which says that every theft not described in one of the special cases in 484 is Petty Theft) so I'm not sure what the "distinction" you are trying to make.

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OP asked if giving out freebies was considered shoplifting. cbg was simply stating that it was not shoplifting but theft. Thus answering one of OP's questions. Pretty much the same thing you and cdwjava said without the details.

Even in states with shoplifting statutes, employee theft is often treated differently. One area I worked, it was fiduciary theft and was an automatic felony.
0.50 candy bar or 5000 worth of merch, both felonies.

Unless the employee works for a retail store, I don't know how employee theft could ever be considered shoplifting. But even if the employee does work in a retail store, and even if he did live in a state which had a crime called "shoplifting" I very much doubt that giving out items for free would fall under that statute.

I can see a difference in giving stuff away for free.

I worked a wine demo. I was given a package of promotional material to give away - lip gloss, mint packets, magnets. Specifically to be given away.

OP needs to explain....was that the case? Or was he just taking saleable merchandise and going "Here, have this for free".