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What to Expect after Getting Caught Shoplifting for the First Time

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  • 07-06-2014, 01:50 PM
    lucbug
    What to Expect after Getting Caught Shoplifting for the First Time
    My question involves criminal law for the state of: California

    Before I begin my question I would just like to apologize on behalf of what I have done. While I do not intend on making excuses, please understand that I have always been a goody two shoes, straight A student. I had a momentary lapse of desperation and I am prepared to pay the consequences of my poor actions. Thank you.

    A couple days ago I entered Walmart with the intent of purchasing panty liners. While I was there I realized I needed deodorant, digestive pills, chapstick, facial wash, hair dye, hair ties, etc. I didn't have enough money to buy all of these things so they ended up in my purse. I started to throw in other girly items that I wanted to stock up on: lip gloss, nail polish, eye shadow, eye liner, etc. My bag was full of stolen items, but I still paid for the panty liners. I was approached at the exit and I was very cooperative. I emptied my bag and explained that I intended to purchase a few hygiene products and ended up seeing other cosmetic items that I felt I needed. The merchandise amounted to around $300 (they didn't give me an exact number so it could be a little more or less than this). Long story short, the police officer gave me a ticket and arranged a court date that is two months away. He said I should be expecting the ticket to arrive in the mail, but when I go to court I will receive my actual sentence.

    From my research, the state of California considers petty theft to be anything under $950, which is punishable by a fine up to $1000 and/or 6 months in county jail. I am 18 years old, and I am extremely small. I am deathly afraid that I am going to be sent to jail for any amount of time. $300 of stolen goods is an alarming dollar amount that I'm sure the judge will not be lenient on. This is my very first offense. I've never even had detention! Even if "they all say it" and my word doesn't mean anything to anyone except for myself, I know that my unlawful act of shoplifting does not reflect my true personality and morals. I am not making any excuses, and I know that I will NEVER do anything like this again. The whole incident was shameful and I can't undo it.

    I'm posting this just to see if anyone might have any advice or insight on what I should expect to happen. Do you have an approximation of what my fine will be? Is it likely that I will have a jail sentencing? How do I get a public defender? I cannot afford an attorney, do I contact a public defender before my court date or will one be appointed on the day of my court date? ANY information is greatly appreciated.

    Thank you so much. And again, I cannot apologize enough on behalf of my actions.
  • 07-07-2014, 05:48 AM
    mmmagique
    Re: What to Expect after Getting Caught Shoplifting for the First Time
    Plead not guilty, and, if you are eligible, a pd will be appointed to you. Good luck.
  • 07-07-2014, 05:59 AM
    flyingron
    Re: What to Expect after Getting Caught Shoplifting for the First Time
    Note you can also expect Walmart's "lawyers" to send you a demand for a few hundred independent of what your criminal issues are.

    Your first court date is an arraignment. You can ask for a public defender, even for the arraignment, but most likely the judge will enter a plea of not guilty while you are set off to fill out the forms to see if you qualify.

    Jail time is unlikely for a first offender. If you are lucky you can get into a diversion program (the public defender will help with that) that will avoid getting a criminal conviction (and a life time record) this time.

    None of your other illusions of leniency or promises to never do it again will mean anything to the court. They've heard that from every single first time shoplifter (and often from the recidivists).
  • 07-07-2014, 07:56 PM
    lucbug
    Re: What to Expect after Getting Caught Shoplifting for the First Time
    Quote:

    Quoting flyingron
    View Post

    Jail time is unlikely for a first offender. If you are lucky you can get into a diversion program (the public defender will help with that) that will avoid getting a criminal conviction (and a life time record) this time.

    Thank you so much for your response! Do you think it is likely that this will be expunged from my record?
  • 07-08-2014, 03:19 AM
    flyingron
    Re: What to Expect after Getting Caught Shoplifting for the First Time
    If you get a diversion, you won't end up with a conviction (if you don't screw it up) on your record.
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