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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Ticketed for Shoplifting First Time I Was with My Boyfriend Whom They Ticketed Also

    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?

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

    Default Re: Ticketed for Shoplifting First Time I Was with My Boyfriend Whom They Ticketed Al

    You both need an attorney.

    Yeah... with his record, he is probably going to take a pretty decent fall on this.... not that YOU won't as well for the felony.

    Of course he is just as guilty as you... he knew you were stealing, helped you to steal and didn't notify anyone you were stealing. That makes him just as liable as you for what was in your purse.

    Is this your boyfriend's third strike if found a felony?

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

    Default Re: Ticketed for Shoplifting First Time I Was with My Boyfriend Whom They Ticketed Al

    Honey,

    I agree with Jeffy.

    Your boyfriend was guilty the minute he put those DVD's in your purse (this is Concealment of Merchandise). And when he failed to notify store personnel of your intent to steal.

    You both need a Criminal Defense Attorney.

    You both will have court costs and fines. Civil Demand letters from the store. Basically, it will cost you a good $2000.

    Because of his record, it will cost him more - higher legal fees due to his prior record. Higher fines, community service, supervised probation, and possible jail time for him. If you really love this guy, I hope you can contribute to all it will cost him.

    Also, with his prior record, I'm sure you know it has been hard for him to find employment. Hope he has a steady job, because theft charges will make his job hunting even more difficult.

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