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  1. #1
    Join Date
    May 2011
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    3

    Default Caught Shoplifting a Grocery Store, First Offense

    My question involves criminal law for the state of: California

    Hello. I am 22 and the girl I was with is 19. I was caught shoplifting at a Safeway grocery store with about $50 worth of groceries. Safeway said that they prosecute anything over $20 in theft. The Loss protection guy was very nice and said that I was one of the most pleasant and friendly people he's ever had to deal with. We talked like friends for most of the paperwork. The typical stuff came up, about Safeway sending me a Civil Demand, etc, etc, and he reassured me that everything won't turn out 'that bad'. I DID sign the paper he asked me to though: I think it was the one that admits to them my guilt. A police offer was called down, but the only reason he called for an officer was that the girl I was being charged with (we're together) didn't live within the area of which he could 'put her into the program' and he said that an officer could do that for him. The cops wouldn't have been called otherwise, and he was not there for any other reason it seemed so I do not think this is a bad sign. No rights were read or anything confrontational, and he barely talked to us. The cop also assured me that I'll probably just get community service/probation.

    I'll get a court date in a few weeks, according to them. I would like to ask, with my given circumstances and how light they were making this all seem; what, by your expertise and honest reasoning, would I expect to pay in court/civil demand fines, and how should I proceed to lessen the trouble caused to me?

    Is it unlikely that I won't get a record if I leave things as is? They really did make this seem very light, like I'll only get an infraction and won't really have to worry too much after community service. But this forum makes me worry that this is not the case.

    Also, if I have done this several times before, and the LP knew that but said he wasn't going to get me in trouble for it (not write it on the report, presumably) because of my respect and honesty towards him; if I plead NOT GUILTY, will there be any worry that the prosecution will drudge up a bigger case against me for something worse than I was originally charged with? In other words, could I be charged for MORE by pleading not guilty due to their unearthing of new evidence to prove their case, than I would if I just pleaded guilty to the original charges?

    Thank you,
    Tristan

  2. #2
    Join Date
    Sep 2005
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    Default Re: Caught Shoplifting a Grocery Store, First Offense

    You appear to be describing a local diversion program. As the terms and conditions of diversion programs vary by locality, it's not possible for us to tell you the fines and costs associated with the one in the county where you are charged.

    If you plead "not guilty", having confessed to the LP that you are a habitual thief and were guilty of stealing on the date in question, I would expect the prosecutor to easily convict you based upon the evidence and the LP's testimony.

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Caught Shoplifting a Grocery Store, First Offense

    Quote Quoting Mr. Knowitall
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    If you plead "not guilty", having confessed to the LP that you are a habitual thief and were guilty of stealing on the date in question, I would expect the prosecutor to easily convict you based upon the evidence and the LP's testimony.
    Thank you for your response. What I am curious about is, if I'm originally being charged with petty shoplifting, and then I plead guilty, does that give them the chance of going for a higher charge (say, commercial burglary)?

    Also, the LP told me that he wasn't going to write that he's seen me before down.

  4. #4
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    Sep 2005
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    98,846

    Default Re: Caught Shoplifting a Grocery Store, First Offense

    You mean if you plead not guilty? It is not outside the realm of possibility that a prosecutor, reviewing a case following a guilty plea, might find cause to amend the charges.

    I'm not sure why I have to explain this: If you go to trial, the loss prevention officer is going to be a witness.

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Caught Shoplifting a Grocery Store, First Offense

    Er, yes. I meant if I plead not guilty.

    So if I plead not guilty, the loss prevention officer will have to come down and give witness? Sounds like a lot of trouble for them. He mentioned he catches, like, 40 people a month.

    I can't believe I ruined the biggest question I wanted answered.... I'll just fix it and re-ask:
    if I'm originally being charged with petty shoplifting, and then I plead not guilty, does that give them the chance of going for a higher charge (say, commercial burglary)?

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