Petty Theft Charges In California

Recently caught by Kohls California store for a petty theft of $50. Officer charged with Misdemeanor. Will they put me in Jail or just some fine and community services? The merchandise is of $44 dollars. Can I appeal for Infraction? Why did they charge me Misdemeanor? I am feeling so embarrassed about the whole thing now since for few dollars I have lost all my peace of mind and I am not able to live my normal life. I have to appear in front of court in month of February. Has someone faced this kind of situation? Will it remain on my records? I really dont want to go in Jail. I am ready to pay fine. Will i be on some probation? Please help

Jail is not likely but you should consult a crimnal defense Attorney and ask if diversion is possible. This can keep a conviction off your record.

California

490.5.

(a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.
(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.

The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.

The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.


(f)

(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises.


(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.

(3) During the period of detention any items which a merchant.. has probable cause to believe are unlawfully taken from the premises of the merchant.. and which are in plain view may be examined by the merchant.. for the purposes of ascertaining the ownership thereof.

(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not
including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.

(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.


(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.

This should help as well

Recently caught by Kohls California store for a petty theft of $50. Officer charged with Misdemeanor. Will they put me in Jail or just some fine and community services? The merchandise is of $44 dollars. Can I appeal for Infraction? Why did they charge me Misdemeanor?

I am feeling so embarrassed about the whole thing now since for few dollars I have lost all my peace of mind, sleep and I am not able to live my normal life. I have to appear in front of court in month of February. Has someone faced this kind of situation? Will it remain on my records?

I really dont want to go in Jail. I am ready to pay fine. Will i be on some probation? Is there any kind of diversion program that i can request for?

I have recently started my new job few months back and I am a Part Time Student. I have learned my Lesson already and I WILL NEVER REPEAT this MISTAKE in my whole life and never do such ACT.

Can I just defend myself in the court. I called few Lawyers and they are charging me $5000 which is way beyond from what I can afford.

Please help

It is not very wise to defend yourself. If you cannot afford an Attorney request a public defender.

Recently caught by Kohls California store for a petty theft of $50. Officer charged with Misdemeanor. Will they put me in Jail or just some fine and community services? The merchandise is of $44 dollars. Can I appeal for Infraction? Why did they charge me Misdemeanor?

I am feeling so embarrassed about the whole thing now since for few dollars I have lost all my peace of mind, sleep and I am not able to live my normal life. I have to appear in front of court in month of February. Has someone faced this kind of situation? Will it remain on my records?

I really dont want to go in Jail. I am ready to pay fine. Will i be on some probation? Is there any kind of diversion program that i can request for?

I have recently started my new job few months back and I am a Part Time Student. I have learned my Lesson already and I WILL NEVER REPEAT this MISTAKE in my whole life and never do such ACT.

Can I just defend myself in the court. I called few Lawyers and they are charging me $5000 which is too much for me to afford. Does anyone knows any other option that I can use to defend myself in the court?

I am scared of going to JAIL and I dont want to go to JAIL.

Can someone please list me all the options that I can take to avoid going to JAIL and keeping off these thing on my Records.

Please Advice and Help.

Thanks

The answers you got here apply on this question as well since its same question

Quote:

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Quoting panther10758

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California

490.5.

(a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50)

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i took 26 dollars worth of magazines from walmart...
does this apply to me?

Quote:

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Quoting brandan003

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i took 26 dollars worth of magazines from walmart...
does this apply to me?

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dude this is an old thread don't bring it back to life your not gonna get jail time if you never had any other convictions get an attorney and talk about taking classes perhaps

y is starting up an old one bad?

Because those who answer you might confuse the two seperate issues.