Petty Theft Misdemeanor in California 484a/488

State: California
I recently got caught shoplifting at Sears for an item that was about $45 bucks. LP stopped me outside the store and the officer cited me for petty theft misdemeanor. While i was talking to the LP, they told me to sign something, what I think may have been an admission of guilt. Could I have avoided signing this? I didnt want to give them a hard time cause I didn't want to be taken to jail, and I was really scared at the time.

I am a college student and in no way, can afford a private attorney. My court date isn't until the end of May. What am I supposed to do? How do I plea? How much in fines am I expecting to have to pay? How can I get into the diversion program or get the misdemeanor expunged? I haven't received the Civil Demand letter from Sears yet, but how much should I be expecting to pay, and should I pay it (I read that they just scare people using this letter, and retailers rarely sue)? Will it affect my ability to get a job? I really messed up this time...

Expect a civil demand letter in your mailbox and the amount depends on the state laws regarding theft. If you don't pay it, the store can sue you and the amount goes up.
Plead not guilty and ask for a public defender
Sears has a year to file criminal charges against you. If Sears places you in the National Theft Retail Database, then finding a job that involves dealing with money will be extremely difficult.
first offenders - diversion program
court fees, fees, and more fees.
Stay out of Sears or they will call the cops on you and charge you with trespassing.

Quote:

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Quoting Ant29

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Expect a civil demand letter in your mailbox and the amount depends on the state laws regarding theft. If you don't pay it, the store can sue you and the amount goes up.
Plead not guilty and ask for a public defender
Sears has a year to file criminal charges against you. If Sears places you in the National Theft Retail Database, then finding a job that involves dealing with money will be extremely difficult.
first offenders - diversion program
court fees, fees, and more fees.
Stay out of Sears or they will call the cops on you and charge you with trespassing.

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This is exactly what my sister did, Plead not guilty and asked for a public defender. She was told that she could not get one. When I asked about that I learned that unless the crime can end up in jail time the courts are not required to provide a public defender. I was also told that because she asked for a trial and if she can't actually get a lawyer she might end up worse off than if she had just plead guilty. We don't know what to do about this. There is just no way our family can afford to get a private lawyer for her and there is no way she can pay 1000's in fines and court costs. She is literally flat broke (hence why she had shoplifted in the first place.) And if she is convicted she will lose her job and have a very hard time getting another one. Makes me wonder how these stores expect people to pay them civil demands when the very fact that they pressed charges makes it so the offender doesn't have the means to pay them.

so what should i do now? and how should i plea? I read a lot of cases on this forum and a lot of people were advised to plead not guilty. my friend also got caught plead no contest, paid the fines and civil demands, and after a year, got his misdemeanor expunged, but it cost him a total of nearly 1000 (he stole $450 worth of stuff, but was still charged with a misdemeanor).

How will my ability to obtain a job be changed? I'm currently a Human biology major, and may try to go to pharmacy school, but before that, I would like to work as a pharmacy tech. I heard that it's nearly impossible since pharmacy technicians also work with money, so I dont know what to do now...

If you want to be a Pharmacist, then you need a lawyer to get the charge downgraded, or get into a Diversion program. Not only do pharmacy techs work with money, they also work with narcotics.

To Whitedove:
Stealing because one is broke is a lame excuse, and commonly heard. And often the item stolen is not necessary to survive. Especially when there are many alternatives - Food Bank, Dept of Human Services, Salvation Army, Goodwill...

Whitedove wrote: "Makes me wonder how these stores expect people to pay them civil demands when the very fact that they pressed charges makes it so the offender doesn't have the means to pay them." Um...if they did not shoplift in the first place, they would not have a Civil Demand or Criminal Charges. Sorry, but your sister needs to be accountable for her actions.

Will a public defender be able to get me into a diversion program or get the charges reduced? I really cannot afford to hire my own lawyer rght now, and DO NOT want to get my parents involved.

and would i also have to wait until I completed the diversion program or get the charge expunged before even considering applying as a pharm tech?

You need a lawyer.

With or without your parents help.

There is no guarantee what a lawyer can do....but one thing is, they can devote more time to your case than a Public Defender, if you even qualify for one.

Under what circumstances will I be able to qualify for a public defender? Will my parents income be taken into a account? Should I provide bank statements as to how much I have. I currently don't have a job, and am struggling to pay for rent as I am a college student. Thanks for the help

i posted here:
http://www.avvo.com/legal-answers/i-...d--244161.html

Is what the lawyer said in his response correct? If I don't pay the civil demand, won't Sears be able to sue me?