Terribly Confused About A Shoplifting Arrest

Maybe Carl could jump in but its my assumption that when ID cannot be validated that an arrest takes place I could be wrong though

It depends on state law, but in CA we are under no obligation to release someone with a citation if their identity cannot be verified. A lack of ID tends to make a citation tough. I once had a person caught for shoplifting ground chuck who was actually a wanted felon (attempted murder) from Wisconsin! So, for me and my officers, no ID equals a ride to jail where we have the magic fingerprint machine. If still no hit, then they can make bail or wait to see a judge.

As for the search of the car, that would have been up to a court to decide if any evidence had been located. As it is, it seems that no evidence is forthcoming so the issue is effectively moot.

- Carl

I Think it was just bad luck. I had given my id to my mom because you need an id apparently to return things at Target, and she had already used hers twice (if you don't have the reciept)...I had to return a cat house that wasn't sturdy enough for my hefty 4 cats. Anyhoo...it really just seemed SO extreme. I was VERY cooperative. I mean what is the point in acting up? You are already there so you might as well make the most of it. The officer (who made the horrible comment about taking off my clothes) by the end of it actually said I was probably the nicest person he had ever had to deal with. So it must just have been the i.d. thing??? I don't know the people were fairly "excited" to have caught me and were hardcore about it, so I think they just were set on teaching me a lesson regardless of the fact that it was just socks and that I was cooperative.


I have my court date in a few days, I'm planning on just going and seeing what happens...why do I get the feeling I shouldn't be ill-prepared for this?

Any advice would be super appreciated!
THANKs! :D

You should be consulting a criminal defense Attorney

well i consulted an attorney (specializing in california theft cases) over the phone who my grandfather got me in touch with (so pretty trustworthy guy i feel).
im not yet in the court system even though my date is 2 days away, so I may not go before the court for awhile now. The lawyer was very helpful and im feeling pretty positive. he said i should be able to get diversion very easily since it was only 5 dollars and a first time offense, and in california you will most likely get probation and a minimum fine, or maybe even no fine at all. he also informed me that I don't need to respond to the civil demand since there is virtually no chance they will take me to court over such a tiny dispute. He said that they will most likely continue to send letters and threaten to take legal action, but that it is much more of an intimidation play unless we are dealing with at least $200 dollars stolen, in which case the civil demand is more serious. He also said that in California the failure to pay civil demand will only show on your credit report AFTER you are taken to court for it, which will not happen since it is not worth their time in my case. So just a note to anyone reading who is confused about the whole civil demand deal (of course you could just pay it if you feel it is fair and want to do your part to make up for what you did) I also have a friend who stole about 50 dollars worth of jewelry from mervyn's once..she never paid the civil demand and continued to get letters for about a year, but nothing ever came of it and they stopped coming.
He also set me up with a pretty good idea of what court will be like and what to ask for and how to go about negotiating. You can PM me if you want me to tell you a bit more about what he said if you are in the same boat as i am. It's such a relief to have some idea of what is going on.
All in all I think i'll be totally fine and i learned my lesson so...yah. thats that it suppose.
thanks for the advice.

Of course, if convicted they will likely build the civil demand into the restitution. So, in the end, you will almost certainly pay that amount ... plus a fee to the court in addition to the fines.

If you have been charged with PC 490.5 (it might show as PC 484/490.5 or PC 488/490.5) then it is being hit as a misdemeanor crime and will show on a state criminal record and will mean that you have to answer "yes" to an employer's inquiry about whether you have been arersted before. Further, it will be a crime of moral turpitiude which could greatly effect future employment as well.

If you are really lucky, you can be charged with or plead down to PC 490.1 which is an infraction and NOT a misdemeanor.

- Carl