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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default 488 PC Petty Theft Charge, First Offense

    My question involves criminal law for the state of: California


    I know there are plenty of other threads out there regarding the same exact thing, but I have a lot of questions, so I see no better way than to get them answered than to post a new thread.

    I was caught shoplifting at a grocery store a few weeks ago. It's really embarrassing and it was the first time I tried stealing anything. It was a bottle of Sky Alcohol for $32. I would've bought it, but I'm only 20. I keep reading that because it's less than $50 that I can get the charges reduced from a misdemeanor to an infraction but I'm confused on how I do that. Also, I didn't goto the store with the intent of stealing, this was decided in the store. The LP guy at the store said that because I cooperated that he wasn't going to tell my employers and that I'd probably just have to pay a fine. I hope he's right, but I've read so many things.

    Should I get a lawyer? I'm not even sure if I can afford that.
    Would a Public Defender be enough?
    What is the absolute worst that can happen in my situation?
    How do I decrease the charges?


    Thank you all for your help, I really appreciate it.

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: 488pc Petty Theft - First Time. I'm Scared

    Before I specifically answer your questions, here is the pertinent law.

    You were cited under California Penal Code (CPC) Section 488, which is “petty theft”, the lowest criminal level of theft.

    The infraction provision is found at CPC 490.1, which states: “(a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction.

    This means that infraction treatment is not automatic. The prosecuting attorney has to agree to it.

    To answer your questions:

    1. Yes, you definitely should get a lawyer. If you don’t you are likely to bungle the prosecution side of this as badly as the theft. I son'r mean that as a personal dig. It is just that you are clearly out of your depth and it is very easy to make a bad mistake if you try to navigate through this on your own.

    2. Although it is generally better to hire your own lawyer, most public defenders are competent and can certainly handle a shoplifting charge. The problem with them generally is that they are overworked and underpaid so they tend to not give their cases as much individual attention as a private lawyer would. In order to qualify for a public defender you have to ask the court to appoint one for you on the grounds that you cannot afford one. If the prosecution volunteers to charge you only with an infraction, you do not have a right to a public defender, but then your serious problems are essentially over.

    3. Under CPC 490, “Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.” This is a theoretical maximum, not what is applied in real life. If you are a first offender you are not going to go to jail. A fine and possibly some hours doing community service are possible.

    If you successfully get the charge reduced to an infraction, then under CPC 490.1(b): “A violation which is an infraction under this section is punishable by a fine not exceeding two hundred fifty dollars ($250).”

    4. Unless the prosecution volunteers to charge you with an infraction, you have to ask that the charge be reduced to an infraction and try to negotiate a reduction. This is not an automatic process. Basically, you have to convince the prosecuting attorney that you have learned your lesson from this experience, are otherwise a good person, and that you should have the opportunity for moving on with your life without a criminal record. This is very difficult to do successfully on your own. Do not expect prosecutors, judges, or court staff to be looking out for your best interests. Their interest is in clearing cases. With the prosecuting attorney she or he may also have the added interest of racking up more criminal convictions. A lot depends on the policy in the prosecutor’s office in your county and even the personality of the prosecuting attorney. This is why you need a lawyer to guide you through this.

    Not incidentally, the store may have given you a no trespass order or store ban. If so, respect that. If you violate it you can be charged with criminal trespass.

    Your name may have been entered into a national retail theft database. If so, it would probably be difficult to get a job in retail sales, at least for the next 7 years.

    You will probably receive a civil demand in the mail for $500. For most states, I recommend that a person who is guilty of theft pay the civil demand. In California, however, it is not automatic when the store recovers the goods, as in your case, and civil enforcement actions are relatively rare. Many attorneys advise their clients to ignore civil demands unless a case is filed. Assuming that you do get an attorney to represent you, ask her or him about that.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: 488pc Petty Theft - First Time. I'm Scared

    Don't forget...Community Service/Diversion Program is not free....expect to fork over a few hundred dollars for that, too..

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