Shoplifting With A Prior

I shoplifted some Dvd's a few years ago because my husband and I were getting married and I didn't have money to purchase him a ring. I can't believe I did it. I come from a good conservative Christian home and was under severe emotional distress when I did this. I was taking them out of my purse when I was caught and didn't fight the case because I didn't want to shame my family. I should have faught it.

Yesterday, I was having an extremely emotionally overwhelming day and went shopping with my two year old. Finances are difficult and I decided to purchase what I could with my Target card for Valentines Day. I go into the store to realize that I didn't have enough money to purchase some simple items. I freaked out thinking of not being able to celebrate such a simple holiday. So I stole a simple piece of lingerie, chocolates, 4 greeting cards and a pack of magnets to use for a project for my son's valentine to his grandparents.

I GOT CAUGHT as I was walking out.

I was taken to the office and the police were called. They said they would have to take me in immediately since it was a shoplifting offense with a prior, but the station messaged them back that I had no time served in jail for the last offense and so they ticketed me. Could this still end up turning in to a felony case with jail time??????

What is going to happen in court? What can I do to get this taken down to a felony offense with no jail time? I want to be home for my family!!

So they're charging you with a felony? What was the dollar amount you stole?

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Quoting needhelpincalifornia

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I come from a good conservative Christian home

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Okay... what's your point?

Those things in Target should be less than the threshold for a Felony in most states. ...unless you found some really expensive panties and had a case of Godiva chocolates. To the best of my knowledge even the expensive stuff in Target is pretty cheap. What was the amount stolen? Was it $70, $50, $40?

If I were the judge I would laugh you right out of court when you brought up being a Christian. I would probably tell you that you are fortunate you are not Muslim; if you were you just lost a hand!

My bringing up my Christianity was to only support the fact that I am well aware of the importance of integrity and character and that I should have known better.

My situation in the store was more psychological than an actual need. It isn't a uncontrollably repetitive offense, I am not even close to being a kleptomaniac by any means. I am seeking counsel for my psychological need and fixing the root of the problem. I am a good citizen and participate in many activities that positively support our community. I am not criminal minded, I am a person who is mentally hurting and needs aid.

Will these things be looked upon mercifully in court or am I looking at a felony hands down?

The amount I stole was $39 and change. It was minimal but could cause some harm in court seeing as I have a prior.

Does anyone have any ACTUAL advice?

I really don't think you're looking at a felony with that dollar amount. Does your ticket say misdemeanor? If so, then you're just being charged with that. I don't think the fact that you have a prior would raise this to a felony; but I do think it's going to make the punishment more harsh this time around.

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Quoting needhelpincalifornia

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My bringing up my Christianity was to only support the fact that I am well aware of the importance of integrity and character and that I should have known better.

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Well now you know what that stands for, hypocrite.

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Quoting needhelpincalifornia

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Does anyone have any ACTUAL advice?

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Here's some ACTUAL advice: Get a lawyer. This is your second petty theft offense. I'm not a CA lawyer, so you'll definitely have to confirm this, but from what I've read, unless you physically served time from the first offense, the second offense is probably still a misdemeanor, and probably why the station messaged the officers not to arrest you on the spot. But even if you aren't charged with a felony, you still could face up to 6 months jail time and, of course, a reasonably large fine from this second misdemeanor. All that "good citizen, good Christian, active in community, getting counseling for my problem" stuff may work in your favor when it comes to being sentenced, but put yourself in the judge's shoes. They hear the same thing all day from virtually every defendant. They're going to wonder why such a good citizen didn't learn their lesson the first time. What's it going to take to wake this woman up? They might wonder that maybe you need more than just a stiff fine and probation to get through to you that what you are doing is a crime. Maybe you'll get a suspended sentence and/or community service. Is that enough? Maybe some quality time in a 6x9 courtesy of the government to think it all over is what's needed. Maybe sentence her to 180 days and suspend all of it but 10. Let her think over shoplifting for a week and a half and let her know she can do the remaining 170 if she screws up. If you're scared, you've got good reason, you probably should be scared.

You'll also very likely be getting a civil demand from Target, probably for several hundred dollars.

Above all else, you do not want to wind up in a cell for ANY length of time. Get a lawyer. Consider his/her outrageous hourly fee part of the penalty for breaking the law and money well spent if they keep you out of jail.

Can you give us the penal code for which your charged. Second offense can carry jail time but its hard to say at this point. You need an Attorney if you are hurting for money many will grant a free Office visit. Once you talk to an Attorney you will be armed with knowledge and you can go to court request public defender and use that knowledge when talking to Public Defender. Since this is a second offense its possible you will be asked to take part in a shoplifters group or program. I have contacts for two groups and will give you their contact info if you like. Use the private message function here for that info if you want it

I would love if you would send me the links for the group/program. I would rather start fixing this problem now, rather then waiting for the judge to request it. I am not trying to just fix this situation, I am really trying to fix myself.

The penal code listed was 488 which, as I understand it, is the PC for misdemeanor PT. This could be upgraded to PC 666 still, right?

Yes, my actions were hypocrisies Mr. Junior member. I won't deny that.

Any more advice would be greatly appreciated!

If you PM me (private message) I will give you contact info for two groups

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Quoting needhelpincalifornia

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The penal code listed was 488 which, as I understand it, is the PC for misdemeanor PT. This could be upgraded to PC 666 still, right?

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Yes, the DA can amend the complaint at almost any time before trial. It is likely they will amend it from PC 488 to PC 666 (should they wish to do so) before arraignment.

- Carl

666. Every person who, having been convicted of petty theft, grand
theft, auto theft under Section 10851 of the Vehicle Code, burglary,
carjacking, robbery, or a felony violation of Section 496 and having
served a term therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, is
subsequently convicted of petty theft, then the person convicted of
that subsequent offense is punishable by imprisonment in the county
jail not exceeding one year, or in the state prison.


666.5. (a) Every person who, having been previously convicted of a
felony violation of Section 10851 of the Vehicle Code, or felony
grand theft involving an automobile in violation of subdivision (d)
of Section 487 or former subdivision (3) of Section 487, as that
section read prior to being amended by Section 4 of Chapter 1125 of
the Statutes of 1993, or felony grand theft involving a motor
vehicle, as defined in Section 415 of the Vehicle Code, any trailer,
as defined in Section 630 of the Vehicle Code, any special
construction equipment, as defined in Section 565 of the Vehicle
Code, or any vessel, as defined in Section 21 of the Harbors and
Navigation Code in violation of former Section 487h, or a felony
violation of Section 496d regardless of whether or not the person
actually served a prior prison term for those offenses, is
subsequently convicted of any of these offenses shall be punished by
imprisonment in the state prison for two, three, or four years, or a
fine of ten thousand dollars ($10,000), or both the fine and the
imprisonment.
(b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.
(c) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.

What was the outcome?

The case is still ongoing. My attorney was able to meet with the DA early, and they decided to not change the penal code to a 666, but to allow it to stay a misdemeanor. GREAT NEWS...but we won't know the final judgment until late May.
Since the incident, I have completed the course through NASP, been seeing a psychologist for the past two months and have made extreme changes in my lifestyle so I will never get to "that point" again.