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  1. #1
    Join Date
    Jan 2011
    Location
    Indio, Ca
    Posts
    2

    Default Caught Shoplifting at Sears, P.C. 490.5

    My question involves criminal law for the state of: California, Riv. County


    I am 21 years old, and i committed a first time offense, shoplifting. i knew i shouldn't have done it in the first place, throughout the whole time i was in the store i kept thinking of putting the items back and just leaving, but i didn't.

    when i walked out i was asked to come back in....

    they asked if i stole anything and i was scared so i agreed and confessed. i explained that i didn't have any intentions of doing that when i first walked but ended up doing. Getting something i couldn't afford. They took my bag and searched it, took down all my information and a copy of my DL,the amount of the merchandise i stole was $54

    The called the police, i wasn't arrested but they did read me my Miranda rights. the officer just asked me question and why i committed the crime i told him everything because i would think it would have helped me out just a bit....i wanted to cry but i just held it all in. the officer gave me a citation and The sears people made me sign some papers, it was called a civil demand and let me go

    Now i have court in March....what I'm really worried about now is whats going to happen in court?

    I know there will be fines, How much exactly would it be?

    Should i just plead guilty when i appear in court?

    I don't have money to hire an attorney...should i ask for one when i am in front of the judge?

    How much would the Civil Demand be from Sears?

    Is there anyway i can get this off my record.....??

    i just want all this to go away already...i am a mom and i learned my lesson the hard way. i just want this to end so i don't have to stress about this anymore.

    Thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Caught Shoplifting at Sears, P.C. 490.5

    Quote Quoting FunniGirl
    View Post
    My question involves criminal law for the state of: California, Riv. County


    I am 21 years old, and i committed a first time offense, shoplifting. i knew i shouldn't have done it in the first place, throughout the whole time i was in the store i kept thinking of putting the items back and just leaving, but i didn't.

    when i walked out i was asked to come back in....

    they asked if i stole anything and i was scared so i agreed and confessed. i explained that i didn't have any intentions of doing that when i first walked but ended up doing. Getting something i couldn't afford. They took my bag and searched it, took down all my information and a copy of my DL,the amount of the merchandise i stole was $54

    The called the police, i wasn't arrested but they did read me my Miranda rights. the officer just asked me question and why i committed the crime i told him everything because i would think it would have helped me out just a bit....i wanted to cry but i just held it all in. the officer gave me a citation and The sears people made me sign some papers, it was called a civil demand and let me go

    Now i have court in March....what I'm really worried about now is whats going to happen in court?

    I know there will be fines, How much exactly would it be?

    Should i just plead guilty when i appear in court?

    I don't have money to hire an attorney...should i ask for one when i am in front of the judge?

    How much would the Civil Demand be from Sears?

    Is there anyway i can get this off my record.....??

    i just want all this to go away already...i am a mom and i learned my lesson the hard way. i just want this to end so i don't have to stress about this anymore.

    Thanks
    You can be appointed a public defender for the criminal portion of the case.

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

    Default Re: Caught Shoplifting at Sears, P.C. 490.5

    Costs....These are not exact figures...I'm not a lawyer....

    Civil Demand, I do not know what Texas allows. Expect $250, that seems to be average. It could be less, it could be as much as $500 or more. Pay this. If you don't they can double, triple the fee, then take you to court, add in legal fees, and also screw your credit history.

    Court costs/fines.....$200+ (figure $350)

    Community Service/Diversion Program/Supervised Probation...oh yeah, you get to pay a few hundred more for this.....

    Public Defender: $250 here. I don't know about there.....Lawyer, call around and ask for a Criminal Defense Lawyer....you can get free consultations.....

  4. #4
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Caught Shoplifting at Sears, P.C. 490.5

    I am an attorney licensed to practice law in California. Do not take this as creating an attorney-client relationship. Here is my opinion.

    It is unfortunate that the amount is slightly over $50. The prosecutor has what is known as "discretion" to charge shoplifting theft of $50 or less as a simple infraction, which is a non-criminal offense punishable by a maximum fine of $250. However, that probably won't be offered unless the prosecutor bends the rules in your favor just to get rid of the case. So, expect that the charges will stand as cited by the police officer, which is for theft, a misdemeanor crime.

    However, the GOOD news is that diversion programs are generally offered in California for first offenders. I cannot say for certain that a diversion program is allowed in Riverside County, but it probably is. If you are allowed into a diversion program you would have to pay some program fees of a few hundred dollars, maybe go to an anti-shoplifting class and maybe do some community service, but if you complete the program successfully then at the end of the day you do not ever have a criminal conviction on your record.

    Diversion is not automatic. The prosecutor has to agree to it. The best way to get there is to have a lawyer represent you. The result is almost always worse if you represent yourself. A lawyer will know the best strategy for negotiating a diversion agreement.

    If you cannot afford a lawyer, contact the court about having a lawyer appointed to represent you. If you cannot get that done before your first appearance then you ask the judge to appoint a lawyer for you. If you have to enter a plea at that time, then plead "not guilty". This is perfectly appropriate even though from your description you are in fact guilty. A "not guilty" plea simply means that you are requiring the state to prove its case at trial. This gives you time to consult a lawyer if you don't have one by the time of the first appearance.

    Resist the impulse to plead guilty and take a sentence just to get this "to go away already", as you put it. Having a criminal conviction on your record can have very serious consequences for the rest of your life. You need to take this very seriously and pursue the option which gives you the best chance of avoiding a criminal conviction on your record.

    In California, a civil demand is typically $500, although I have heard of lesser amounts in some cases. It is entirely separate from the criminal charge. Paying it or not paying it has no effect on the criminal process. The standard of practice amongst California attorneys is to advise their clients not to pay. Unlike many other states, in California the minimum penalty is only $50 and in cases where the store recovers the merchandise from the shoplifter, which it did in your case, it is doubtful that the store can actually prove the full $500 they usually demand. Because of this, in fact civil enforcement actions to collect demands are rare. Having said that, there are some good reasons to consider paying a civil demand in California. One, it closes the process. Two, if you don't pay and in the somewhat unlikely event that the store sues, it can also claim attorney fees, which can multiple the debt to several thousand dollars. So, ultimately, it is a judgment call. I suggest that you do not pay the demand until you have consulted a lawyer.

    Not incidentally, your name has probably been entered into a retail theft database. This is also separate from the criminal proceedings. Because of that, it will probably be hard to get a job in retail for the next 7 years. However, right now that is the least of your worries. Trying to avoid a criminal conviction should be your highest priority.

  5. #5
    Join Date
    Jan 2011
    Location
    Indio, Ca
    Posts
    2

    Default Re: Caught Shoplifting at Sears, P.C. 490.5

    wow..thank you for all your information....it really helped on what i can do....i appriciate it =)

    now i just have to wait till my court date and ask for a Public Defender to help me out a bit, because i honestly dont want this on my record

    and if there is a program to help me out with that then i will try to go for that

    thank you again

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