Pretrial Diversion for First Time Offense
My question involves criminal law for the state of: CALIFORNIA
I was caught shoplifting for the total amount of $49.50. The retail store contacted the local Police Department and I was arrested and detained to be printed and photographed. The citation I was issued regarding the event looks exactly like a traffic ticket. The violation, however, says 490.1 Petty Theft (<$50). Misdemeanor. After doing, some research of the California laws pertaining petty theft, a theft charge of under $50 should be an infraction. Is this true?
Since I have no prior criminal history and have DEFINITELY learned a valuable lesson from the incident, is a Pretrial Diversion Program an available option? I do not want a blemish on my permanent record and I am worried my mistake will have harmed my professional future, which hasn't even begun! Will the judge offer the program to me or will I have to request it? Can I find this information from the court office before my court date?
Also, I am a college student and can not afford to higher a private defender to help with my case. Should I simply defend myself, since I believe I am capable or representing myself or would requesting a PD be the smarter decision in this case?
Thank you for your time.
Your help is appreciated.
Re: Pretrial Diversion for First Time Offense
As the statute says,
Quote:
Quoting CPC 490.1.
(a) Petty theft, where the value of the money, labor, realor personal property taken is of a value which does not exceed fiftydollars ($50), may be charged as a misdemeanor or an infraction, atthe discretion of the prosecutor, provided that the person chargedwith the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shallbe subject to the provisions of subdivision (d) of Section 17 andSections 19.6 and 19.7.
A violation which is an infraction under this section ispunishable by a fine not exceeding two hundred fifty dollars ($250).
You can see if there's information about local diversion programs available on the court's website, the prosecutor's website, or from a local criminal defense lawyer.