I Thought You Had to Steal to Get Arrested

My question involves criminal law for the state of: California

Hi, here goes my best condensed version of what wal-mart and my girlfriend put me and my 2 year old son through. All 3 of us arrive at wal-mart about noon time and we grab a cart and shortly split up for the first time in the store. She to the craft section (w/my son in cart). I went to the shaving razor aisle and grabbed 2 razors, both of roughly equal value. One of the razors was the last box left on the shelf for that brand and it was in terrible condition (box torn with razor easily exposed to falling out if held wrong). So I make my selection and off I go with the 2 razors over to the craft section to get my girlfriends opinion on which I should get. Being that I hate shopping anywhere with my girlfriend or anyone who wants to mosey around and not get their items and checkout ASAP.
Well I could tell she still had some stuff to buy so I handed both the razors to her and asked if she would buy me which ever one she liked best and I'd pay her back at home. She Agreed. So I then said I'd go get some McDonalds (located in front of wal-mart store) for our son and when she gets done to meet us out at the car. As I grab our son and turn to go get him a happymeal I insist that she'd better not leave us out in the car waiting and to get her items she was needing to get and to please be quick about it.

I buy my son lunch and we go and I feed him in his carseat in wal-marts parking lot.
10 minutes goes bye.....
20.........
30.........

Thats it! I unstrap the baby and off we go to find where mama is. I walk around and around the store and cant find her anywhere. So I figure I'm gonna show her so I strap my boy in and we move the car around the parking lot to mess with her for her obvious disreard for either of my son or my feelings. While I'm doing this I notice this fellow I'd seen several times while looking around the store for her. So now it's been an hour and I'm going into the store again with my son and 2 police officers stop me along with the fellow who I'd seen lurking at a distance watching me look for my baby mother and not saying a word.
Well the cops stop me in front of the store and tell me my girlfriend has been arrested for shoplifting and that this fellow (aka undercover security 4 wal-mart) is saying that I had something to do with her shoplifting several items and the 2 razors she said she would buy for me and I'd pay her back were both inside the bag she apparently had full of several stolen items.

Heres where it gets me furious about though. The cops after telling me my GF is under arrest, they ask if they can search my car.
"My car, I said?" ..."Naw!, I dont got nothing to hide in there but still. It's my policy to never submit to a search unless made to.So sorry, no."

This sparked an immediate come with me to the area inside the store where they do returns and they put me in handcuffs in front of my son while the empty my pockets. Nothing of interest or any contraband was found in or on my person, so I figure the cuffs are coming off right?...wrong!
They run both our names for priors and she has none yet I have a burglary from over a decade earlier, and the cop asks me the same question that he stated to me as I first was approached by them, "You do know your wife/girlfriend is under arrest for shoplifting right?"
"Yeah!" I said with all these customers lined up looking at me like I stole something and my son in a shopping cart looking scared and not sure whats going on.
Well to sum it up they took me to jail with a $15,000 bail bond for pc.666 and they let my girlfriend and my son drive off in my car after they searched it and found no wal-mart items in it.

Am I wrong here in believing that simply asking your spouse to buy you one of 2 different razors and she goes and steals them 45 minutes later on her own with me out in the car feeding junior.
Did I commit a crime?
Now waal-mart sent a $300 civil collection letter. DO I NEED A LAWYER?

really now.

Quote:

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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.

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666 is not an offense. It is a descriptive section that allows for a greater penalty for a conviction of petty theft if there were priors as noted in the section/

so, what is the charge?

PC 666 is the offense charged in these situations. Sometimes it is charged as PC 484/666 or some such thing, but it is till the offense charged and the offense that will go down on the booking sheet.

Yes, it is written as enhancement, but it is commonly charged alone. The elements of the offense include a prior conviction.

To answer the OP's question, YES you need an attorney. Yes, Wal-Mart can make a $300 civil demand in addition to any other actions that might be proceeding. And, yes, you might be prosecuted for the crime.

If you cannot afford an attorney, one will be appointed for you at or before the arraignment.

Getting a consultation with a Criminal Defense Lawyer would be in your best interest. Many offer free consults.

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Quoting cdwjava

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PC 666 is the offense charged in these situations. Sometimes it is charged as PC 484/666 or some such thing, but it is till the offense charged and the offense that will go down on the booking sheet.

Yes, it is written as enhancement, but it is commonly charged alone. The elements of the offense include a prior conviction.
.

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You are going to have to explain how a sentencing enhancement is charged as a crime. I can understand the 484/666 but 666 is not a crime, at least how I read it. It is not even written as an offense nor is it included under any title defining offenses.

So, the simple defense to being charged with 666 alone is denial since it does not describe any criminal activity. In fact, if I were defending a guy charged with this at all, I would argue improper influence on the jury since previous acts are generally not admissible as evidence in a trial and such an inclusion would be prejudicial to the defendant.

the fact is, 666 cannot be even considered until convicted of a subsequent crime as specified in 666 if you consider the plain language of the title.

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is subsequently convicted of petty theft,

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It should never be brought into a court room until a sentencing hearing and only if the defendant was charged and convicted of petty theft (488)

Quote:

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488. Theft in other cases is petty theft.

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after reading the end all of info (Wikipedia), they do describe 666 and 667 as controversial sections.

I believe that is an understatement.

You guys in California have some crazy ideas but far be it for me to argue with the establishment.

What goes on the booking sheet and what is charged on the complaint are different issues. But, as the offense has listed elements in the jury instructions, it can be charged as a separate offense:

If you find the defendant guilty of petty theft, you must then
decide whether the People have proved the additional allegation
that the defendant has been convicted of a theft offense before and
served a term in a penal institution as a result of that conviction.
It has already been determined that the defendant is the person
named in exhibits <insert numbers or descriptions of
exhibits>. You must decide whether the evidence proves that the
defendant was previously convicted of the alleged crime[s].

To prove this allegation, the People must prove that:

1. The defendant was previously convicted of a theft offense;

AND

2. The defendant served a term in a penal institution for that
conviction.

The People allege that the defendant was previously convicted of:

[1.] A violation of <insert code section violated>, on
<insert date of conviction>, in the
<insert name of court>, in Case Number <insert
docket or case number>(;/.)

[AND <Repeat for each prior conviction alleged>.]
[ <insert name of penal institution> is a penal
institution.]

Oh ... and I don't write 'em, I just scribble the section provided to me by the legislature on a piece of paper.

And, considering PC 666:

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.

It is an act or omission, in violation of a statutory law, for which there is a prescribed penalty ... therefore, by definition under CA law it is a public offense, i.e. it is a crime.


- Carl

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Quoting cdwjava

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And, considering PC 666:

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.

It is an act or omission, in violation of a statutory law, for which there is a prescribed penalty ... therefore, by definition under CA law it is a public offense, i.e. it is a crime.


- Carl

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but one cannot be guilty of 666 unless convicted of 488 (the requirements listed within the section). I just cannot imagine how you can charge a person in contemplation of them being convicted of some other crime, especially if they are not even charged with that other crime.

Oh well. It doesn't have to make sense to me.

But, it does have elements, and it is only charged when the officer has confirmed a prior conviction with time served (which IS one of the elements). Otherwise, the charge would be the relevant 488 or 487 (petty or grand theft) or, simply, 490.5 (shoplifting).

So, I committed a crime because my girlfriend goes and shoplifts completely out of my presence and without me having any knowledge of what has taken place?

If anything I feel I have cause for a civil suit against wal-mart for saying I was involved at all, for having me handcuffed in front of my child, searched (my person and vehicle). As soon as the cuffs went on me and I was displayed in front of as many as 20 people in the merchandise return area with my girlfriend behind some door,and my 2 yr old in a shopping cart in front of me, I felt sickened and humiliated.
Now they want $300 dollars from me for her stealing and them pulling me into her offense and taking me to jail unjustly?
I need a lawyer for sure.
You know I understand that what she did was wrong and I hate that she felt she needed to steal what she had the money to pay for at the time.
Taking me in and booking me for what was clearly her crime is typical of today's Police officers. More money for the city of Merced.

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Quoting lowjackal

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So, I committed a crime because my girlfriend goes and shoplifts completely out of my presence and without me having any knowledge of what has taken place?

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Apparently the police believe you were in on it. It will be up to the state to prove the elements of the offense. If your girlfriend 'fesses up and admits you did not know anything about it, then you will probably see the case against you go away because of reasonable doubt. However, if she gave you up and said you were in on it with her, you could be in trouble.

Have you consulted an attorney, yet? The attorney can get a copy of the police report and any evidence against you (such as witness statements, videos, and a list of any hard evidence in the state's possession).

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If anything I feel I have cause for a civil suit against wal-mart for saying I was involved at all, for having me handcuffed in front of my child, searched (my person and vehicle). As soon as the cuffs went on me and I was displayed in front of as many as 20 people in the merchandise return area with my girlfriend behind some door, I began feeling sickened and humiliated for my girlfriends stupid choices.

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They have a right to place a person under private person's arrest based upon probable cause to believe you committed a public offense. Since they turned you over to the police then the law was adhered to. You can always TRY to sue them, but no law requires they sneak you back inside or handcuff you out of the presence of your child. It is hard to prevail in a lawsuit without clear damages, and when the person or people being sued were apparently adhering to state law.

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Now they want $300 dollars from me for her stealing and them pulling me into her offense and taking me to jail unjustly?

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That's a civil assessment and you can choose to ignore it, if you wish. However, they could take you to court over it or you could be subject to collections if you signed an admission at the store.

Did your girlfriend also get a $300 request? or is this the one for the whole incident?

Also, this is above and beyond whatever the court might require you to pay if you are found guilty.

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I need a lawyer for sure.

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Yep.

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Taking me in and booking me for what was clearly her crime is typical of today's Police officers. More money for the city of Merced.

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The city of Merced makes nothing off of your arrest. In fact, it costs them money. They took you in based upon a citizen's arrest for the shoplifting and the fact that apparently sufficient probable cause existed to believe a crime was committed and that you aided in the commission of that crime. Had the officers NOT accepted the private person's arrest (citizen's arrest) the officers could have been guilty of a misdemeanor for refusing. So, they had little choice int he matter. You are free to hire an attorney and try to make a case against the store for false arrest. But, you had best beat the criminal charge before you think of that.

Also, since there are no apparent damages, suing them might get your attorney a few dollars, but it might avail you nothing. This is something you will have to think about should you find an attorney who can successfully argue (or claim he can) that you were wronged somehow.

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Apparently the police believe you were in on it. It will be up to the state to prove the elements of the offense. If your girlfriend 'fesses up and admits you did not know anything about it, then you will probably see the case against you go away because of reasonable doubt. However, if she gave you up and said you were in on it with her, you could be in trouble.

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my girlfriend was telling all of those detaining her that I was in no way any part of her shoplifting problem. I was out in the parking lot feeding my kid a McHappyMeal. Once they asked to search my car ( the 2 LEO's I 1st encountered), and I said ,"No Sir.I cannot in good conscience give up my right to say no.".
The cuffs went on and my name was run. Standard proceedure, I know. I come back clean with no wants or warrants. But , I do have an ancient past yet to be expunged.
So, after some deceptively asked questions on the MPD officers part, which will make the tactic used cast shame on the MPD officer for deliberately being a dick and twisting what he meant and twisting what I said yes to.

I'm getting a lawyer as of tommorrow I've 2 consultations for 2 different firms.
thanks