Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2011
    Posts
    3

    Default Caught Shoplifting from Sears in California

    My question involves criminal law for the state of: California.
    So I joined this forum in seek of help and advice. I'm not going to sit here and lie and say that I didn't attempt to shoplift. I was with a friend, it was a spur of the moment thing, we were both caught, and it was a stupid idea that just seemed so easy at the time.
    So, my friend was a minor, I'm 18 years old, this happened in early September, I was handcuffed and taken to the police station in the mall. I was given a ticket that says Misdemeanor for Petty Theft. I was supposed to go to court by a certain date, did and they said that they hadn't filed anything, but to call back in 1~2 weeks to check again, and when I did they told me that I had a court date for February, which is next month. I received a letter a few days after this call as well, so that's that.

    I haven't spoken to my friend since, but anyway, I'm here to ask basically, what I should do when I get to court?
    I've had one previous ticket for driving without a license, but I have already resolved that is out of the way, should I get a public defender? I have a part time job and go to college as well, I recently just started working a few days ago so I'm going to save as much money as I can for the public defender+the charges I'm most likely going to get, but I'm not sure exactly what I should do, should I try to get it expunged from my record? Can I even do that? Is it expensive? Because I'm not sure my mother is going to help me out with paying for anything, my dad doesn't know because we are not on speaking terms, but I don't want this to affect any future employment from when I get my degree and so-on. I know what I did was wrong, and it's the worst way to face reality, especially when you're seen as the "good kid". But anyway,
    Does a misdemeanor stay on your record? What advice do some of you have for me?

    I'm sorry for all these questions, I'm not sure how I could make this post shorter without putting all the information I could. I'm trying not to stress out about this because I have a lot of other things to worry about but I don't want to go in there blindly.
    Thank you very much ahead of time for any help/advice given.

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Caught Shoplifting from Sears in California

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

    It would be helpful if you could tell us what code section you have been charged with. Somewhere on the papers there should be a reference to "PC" followed by a number.

    The first thing you need to do is consult an attorney in your area. If you cannot afford one, then you should ask the court to appoint one for you. If you have to enter a plea before that happens, plea “not guilty”. Public defenders are not free. There is ordinarily a payback obligation, but that is the least of your worries right now.

    If the amount stolen was less than $50, your lawyer might be able to persuade the prosecutor to charge this as a non-criminal violation, which is punishable by a maximum fine of $250 but is not considered a criminal conviction on your record.

    It is also possible that your lawyer may be able to negotiate a diversion agreement for you. In diversion programs you have to pay program fees and would probably have to do some community service and/or attend an anti-shopligting class. If you complete the diversion program successfully, you have no criminal record.

    You will probably receive a civil demand letter from the store saying that you should pay the store up to $500. This is separate from the criminal process. Most lawyers in California tell their clients not to pay because when the merchandise is recovered it is difficult under the California statute for the store to recover more than $50. Ask your lawyer about that.

    If you can escape this without a criminal conviction, the only long term consequence will probably be that your name has been entered into a retail theft database. Therefore, do not expect to work in retail for the next 7 years.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Caught Shoplifting from Sears in California

    Hi, thanks for the quick response.
    I cannot read the PC on the ticket itself because it's so old now and hard to read but the letter I received says 484(a)-488 PC Petty theft by taking and carrying away.
    I'm not exactly sure if the items stolen were under 50 dollars or not. It was a watch and 2 pairs of earrings, so I'm not sure how much they would have added up to.

    If I plea "not guilty" will they even give me the choice to speak with the public defender? Will the plea be used against me?

    Wouldn't I have received a civil demand by now if that were the case? It's been months since it happened so I only assume it would have been sent by now, but I'll be sure to speak with my PD about that.

  4. #4
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Caught Shoplifting from Sears in California

    At least the code sections tell us that you were charged with only a misdemeanor.

    A "not guilty" plea can never be used against a defendant in a criminal case under any circumstances. Entering a plea of "not guilty" before a public defender is appointed will not affect anything. However, that may not be necessary. Many, probably most, courts allow a person to consult with a lawyer, including appointing a public defender, before pleading to the charge.

    If you qualify (in other words, can demonstrate you do not have money to hire an attorney) then a public defender has to be appointed for you unless the prosecutor voluntarily chooses to charge this as a non-criminal violation. If that happens, that would be a good result for you and I would not take it farther then pleading guilty to a violation only and paying whatever fine you get.

    Civil demands often take months to get to the shoplifter. There is no way to tell whether the store is not going to push it or has just not gotten to it.

  5. #5
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Caught Shoplifting from Sears in California

    That's a relief, I'll at least go in with some knowledge of what to expect.
    Thank you very much for this information.
    But to clear one last thing up, if the prosecution were to make the charge into a non-criminal violation, I should just plead guilty and go off with that?

  6. #6
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Caught Shoplifting from Sears in California

    Yes, if the charge is reduced to a non-criminal violation. That decision is up to the prosecutor. If the prosecutor agrees to it, go for it because you will not get a better result any other way and you will not have a criminal record.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Caught Shoplifting at Sears, P.C. 490.5
    By FunniGirl in forum Criminal Charges
    Replies: 4
    Last Post: 01-11-2011, 08:43 PM
  2. Retail Fraud / Shoplifting: Caught Shoplifting at Sears in California
    By forever_is in forum Criminal Charges
    Replies: 3
    Last Post: 11-09-2009, 07:48 AM
  3. Retail Fraud / Shoplifting: Caught Shoplifting in Sears
    By AlexTFG in forum Criminal Charges
    Replies: 3
    Last Post: 01-03-2009, 08:25 AM
  4. Retail Fraud / Shoplifting: Caught Shoplifting At A Sears In California
    By drake83 in forum Criminal Charges
    Replies: 3
    Last Post: 05-25-2008, 11:46 AM
  5. Retail Fraud / Shoplifting: Caught Shoplifting in Sears
    By ifo87 in forum Criminal Charges
    Replies: 15
    Last Post: 08-04-2007, 07:40 AM
 
 
Sponsored Links

Legal Help, Information and Resources