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  1. #1

    Unhappy Petty Theft, PC 484, in Sacramento, California

    My question involves criminal law for the state of: California

    I am a 19 years-old girl who has just commited a 1st time Petty Theft (484 P.C.). of $139 in Sacramento. I am writing to you with a great deppression. I am very dedicated to school with a high GPA, and Im a beloved friend and student, and had never done anything ilegal but volunteering and assisting people and school. I regret so much for this stupidness. I actually thought about that before I leaving, and in less than 50mts away from the shop's door, I turned around and walked toward the store with an intention to return them. But...too late. They would not believe that I was truly going back and return it. So even I cried, they still filed me.

    Now, I just want to do everything I can do to fix it, and have this event dissapear from my life. I dont want it to affect the rest of my life.

    Questions:
    I was told that I could do community service and have it unrecorded in my history. How many hours approximately would that be?
    I was also told that I would have to pay a fine. How much money would that be? (an estimate)
    I read many profiles,and I witness the kindness of the lawyers here, and found out that I would have to ask for a public defender on the day I go to court and see the judge. Is this what I should do too? Should I go to the court and ask for one before the court day?
    What other things should I do to prepare for the day I go to court?
    What are the likely outcomes of my case? Will I go to jail? Will this be on my record forever?

    I will appreciate a lot your help with all of my heart.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Petty Theft, PC 484, in Sacramento, California

    If your county offers a diversion program, you need to explore the terms of the diversion program. If you're talking about a deferred sentence, a local lawyer may be able to advise you as to what the judge who is hearing your case usually requires of defendants. If you believe you qualify for a public defender, you may petition for a court-appointed lawyer with the court. You can inquire with the criminal clerk about the necessary form.

    You are not at all likely to go to jail for a first offense. The content of your future criminal record will depend upon how the matter is resolved in court.

  3. #3

    Default Re: Petty Theft, PC 484, in Sacramento, California

    First of all, let me thank you, Mr.Knowitall, with all of my heart. I appreciate your kind help. But I have some few more questions to be clear:
    "If you're talking about a deferred sentence, a local lawyer may be able to advise you as to what the judge who is hearing your case usually requires of defendants. "
    Did you mean that if I get a chance to know to judge, I should go find out what he requires of defendants for him/her to "have mercy" on them?
    If you believe you qualify for a public defender, you may petition for a court-appointed lawyer with the court.
    Im a full time student, and I dont work, how do I know whether I qualify?

    What should I expect and do on my first court day? I have heard that the judge will just read what I have done and been accused of, and then ask whether I plea guilty or not guilty. Is it right? If its right, then, what should I say? "I plea guilty", "I plea not guilty", or "stay mute" and request a Public Defender?

  4. #4

    Default Re: Petty Theft, PC 484, in Sacramento, California

    I was charged with the crime of petty theft, 484 P.C. on Sept 15. It has been almost 1 month already, and I have not be notified of my court date. Is there any time limit for me to know where I will have to go to court? For example, if the time limit to be notified is 1 month, and I do not get a notification in 1 month, then it means that I will not have to go to court.

  5. #5
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Petty Theft, PC 484, in Sacramento, California

    Quote Quoting Californiasilly
    View Post
    I was charged with the crime of petty theft, 484 P.C. on Sept 15. It has been almost 1 month already, and I have not be notified of my court date. Is there any time limit for me to know where I will have to go to court? For example, if the time limit to be notified is 1 month, and I do not get a notification in 1 month, then it means that I will not have to go to court.
    The state has one year in which to charge you with petty theft and up to three years for grand theft. If all you face is the charge for theft of property valued at $139 then they have one year to file.

    One month is not a long time in the court process.

    However, some questions ... did the police arrest you? Did they issue you a citation? That citation should have had a court date on it. If they arrested you, then when they released you from jail, you should have been given something with a court date on it unless you were released on bail.

    If the police were NOT involved, then you may get lucky and not have any court case coming. If that is the case, about all you have to worry about is a civil assessment that could be for up to $500 if memory serves.

  6. #6

    Default Re: Petty Theft, PC 484, in Sacramento, California

    Quote Quoting cdwjava
    View Post
    The state has one year in which to charge you with petty theft and up to three years for grand theft. If all you face is the charge for theft of property valued at $139 then they have one year to file.

    One month is not a long time in the court process.

    However, some questions ... did the police arrest you? Did they issue you a citation? That citation should have had a court date on it. If they arrested you, then when they released you from jail, you should have been given something with a court date on it unless you were released on bail.

    If the police were NOT involved, then you may get lucky and not have any court case coming. If that is the case, about all you have to worry about is a civil assessment that could be for up to $500 if memory serves.
    So if it doesnt come in 1 yr, then I can say that the case is closed?
    Police wasnt present, but the security was calling somewhere else, I dont know whether he was calling to the police department to report my case.
    I was asked to finger print my thumbs, and a mugshot that the security said that its only for the store and it doesnt go anywhere else.
    Then I was given a "Letter to Offender" which says:

    Report Number: xx-xxxxxx
    This letter is to inform you that a report is being filed charging you with the crime of petty theft, 484 P.C.
    This report will be submitted to the District Attorney's Office for disposition. If it is determined that you will be held to answer on this charge, you will be notigied by an issuance of a WARRANT for your ARREST.
    Upon receipt of the Notice of Warrant, immediately set a court date by appearing in person at the following police facility:
    S.P.D Headquarters
    5770 Freeport Blvd
    Sacramento Ca. 95822
    Failure to set a court date will result in a physical arrest upon contact with any law enforcement officer.
    Refusal to sigh this letter does not absolve you of the charges or of your responsibilities upon receiving a Notice of Warant.
    My signature, offender, acknowledges receipt of this letter.

    So, is it that although police werent there, the security reported it to the police department? Besides this "Letter to Offender", there was the Civil demand letter(which I already paid for it). These were the only 2 papers they gave me. Was I arrested? The security guy told me that if I dont get a letter telling me my court date in a month, I should go to the S.P.D Headquarters (shown on the letter to offender) and ask them about my court date. But I saw on a post that says that if I dont get notified, I just shouldnt ask, nor say anything.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Petty Theft, PC 484, in Sacramento, California

    You have not yet been arrested or charged. You are free to wait to see if the DA is going to file charges. Only after you get the notice are you obliged to do something. However, if something gets screwed up and the notice is not able to be delivered to you, you may end up in the "physical arrest" aspect. In the long run it's not going to change the outcome, but it may be inconvenient for you at the time. I don't know why inquiring at the police department if there was a warrant out for you would have any bearing on things.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Petty Theft, PC 484, in Sacramento, California

    The statute of limitations on petty theft is one year. If they have reported this to the police, then you will know for certain within a year. Chances are if they will be charging you, you will be notified within a few months. However, if they got your address wrong, then it might be possible that a warrant is issued and not served for even longer. So, it might be beneficial to check with the court every month to see if there is anything with you name on it. Or, not.

  9. #9

    Default Re: Petty Theft, PC 484, in Sacramento, California

    Thanks to both of you. So I should check by calling to the court and see if there's any charges against me. I really dont want a physical arrest, that would be so exaggerated and extremely shameful. I think its very probably that the DA will file charges against me, because I have noticed that people with amounts less that mine still have to go to court =(

  10. #10

    Default Re: Petty Theft, PC 484, in Sacramento, California

    Quote Quoting flyingron
    View Post
    You have not yet been arrested or charged. You are free to wait to see if the DA is going to file charges. Only after you get the notice are you obliged to do something. However, if something gets screwed up and the notice is not able to be delivered to you, you may end up in the "physical arrest" aspect. In the long run it's not going to change the outcome, but it may be inconvenient for you at the time. I don't know why inquiring at the police department if there was a warrant out for you would have any bearing on things.
    Would it be a good idea to hire an attorney and have him/her make a deal with DA to prevent charges?

    If that happenes(hiring an attorney to talk to the DA), how probably it is for the DA not to sue me (no court, no trials)? What are the most posible outcomes? I dont know whether decide to wait until they notify me to go to court, or whether hire an attorney to talk to the DA before the DA files any charge aggainst me. Because going to court and getting a Public Defender is less expensive, but having an attorney to prevent the DA from filing charges may lead to a better outcome(or am I wrong?). I dont know which is more effective, and less costly, or cost worthy.

    Any suggestion? =(

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