Results 1 to 6 of 6
  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    I removed $45 merchandise from a CA rite aid store without paying for it. I was booked under CA PC 484 (a), which is a misdemeanor office.

    It was my first offense and, due to the nature of my job, I cannot have a record!

    Can the judge change a misdemeanor for petty theft into an infraction?

    Is this something I can do myself at trial or do I need an attorney?

    Thanks in advance!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    Did you read the sticky when you posted?

    Please allow me to start the discussion by asking if you knew you couldn't have a record, why did you steal?

    You may be able to get the charge deferred.... but you are going to need an attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    The judge can not change it to an infraction solely at his discretion. You should be arraigned on the charge at the first court appearance. At that time, the DA can file this as a PC 490.1 which is an infraction should the DA choose to. If filed as a misdemeanor, you will be allowed access to a court appointed attorney at some point at or after the arraignment, and you might be able to negotiate a plea to the infraction if you have no other record and a cooperative prosecutor.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    May 2011
    Posts
    2

    Default Re: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    @cyjeff It was a mistake.. I was on the phone with someone discussing a recent accident that involved a friend, in a bad part of town and there was a bunch of people in line. I got impatient. No excuses, just regret.

    @cdwjava.. thanks for your input. So, at the court date, I won't actually be charged with anything. Arraignment means the case will be deferred to another day, right? Will I be issued a public defender at that time? Do I need to contact the DA direct?

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

    Default Re: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    Quote Quoting octempest
    View Post
    @cdwjava.. thanks for your input. So, at the court date, I won't actually be charged with anything. Arraignment means the case will be deferred to another day, right? Will I be issued a public defender at that time? Do I need to contact the DA direct?
    The first hearing is an arraignment. At arraignment the charges will be read, you will be asked for a plea, and the issue of counsel will be addressed.

    It is never a good idea to contact the DA yourself. In fact, he probably will not talk to you.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Can the Judge Change a Misdemeanor for Petty Theft into an Infraction

    Quote Quoting octempest
    View Post
    No excuses
    HOGWASH!!!

    These:
    1. I was on the phone with someone discussing a recent accident that involved a friend, in a bad part of town
    2. there was a bunch of people in line.
    3. I got impatient.
    ... ARE excuses!

    Had you not included 2 & 3, it would still be an excuse but one that is sort of understandable. The fact that you included 2 & 3 means exactly what you said, you didn't want to stand in line, you got impatient and consciously walked out of the store with item in hand without paying for it.

    And by the way, if it gets to the arraignment (and there's very little, if anything, that you can do to stop it now), you've already been "charged".

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: California Infraction for Petty Theft
    By lucky117guy in forum Criminal Charges
    Replies: 1
    Last Post: 08-27-2010, 03:07 AM
  2. Retail Fraud / Shoplifting: Petty Theft Infraction vs Expunged Misdemeanor
    By iwndae in forum Criminal Charges
    Replies: 3
    Last Post: 03-16-2010, 03:28 PM
  3. Retail Fraud / Shoplifting: Petty Theft Infraction
    By Aidan27 in forum Criminal Charges
    Replies: 2
    Last Post: 07-28-2009, 10:26 AM
  4. Retail Fraud / Shoplifting: 1st Offense 490.1 Infraction 13years Ago, Second Offece 488pc Misdemeanor Petty Theft
    By peterng247 in forum Criminal Charges
    Replies: 4
    Last Post: 01-13-2009, 08:33 PM
  5. Retail Fraud / Shoplifting: Petty Theft 488 misdemeanor dropped to 490.1 infraction
    By vipcard99 in forum Criminal Charges
    Replies: 4
    Last Post: 11-12-2006, 01:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources