My question involves criminal law for the state of: CA.
I was ticketed for shoplifting 490.5 for the first time. My boyfriend was with me and I took womens clothing and some DVD's they were in my purse. I told him to put the DVD's in my purse he laughed at me and I told him to do it - he did! He later took them out and told me to knock it off and stop joking around. At that point he walked away from me I put them back in my purse and the shirts, zipped my purse and tried to walk out of the store with them. As we were walking out of the store, there were bags of soil and I asked my boyfriend to see what kind and size. He picked it up, had it in his hands, we were rushed by store employees saying your under citizens arrest for the t-shirts and DVD's in your purse, he dropped the bag on the edge of the basket to let go of it and it went into the basket and now they are adding that on. The police came and searched him, he had nothing it was all in my purse.
Here's the problem, they are charging him with 488/490.5 and he has an extensive criminal history but all drug related. There are PT on his record w/poss at the same time. There are absolutely no drugs involved - it was a VERY stupid move on my part and I should be punished - he did not do anything - he actually walked away from me but because they say they saw him put DVD's in my purse, he stole them. He has had no involvement with law enforcement since!
His last charge was just about 7 years ago and it was a PT with Poss and under the influence. Absolutely nothing this time. They ran us, ticketed us and told us we had to "book and release" Can they change his charges to a felony because of me, what should we do? Any referrals?