Petty Theft Misdemeanor in California, $62

[nursingstudent]

My question involves criminal law for the state of: California

This incidence happened in San Mateo County, so if you are familiar with their laws, please apply them to my case. I've heard that San Mateo is very procedural and conservative, less likely to be sympathetic to a case.

I am 18 years old and was caught at JCPenney for petty theft, taking makeup that totaled $62. An officer gave me a ticket in the back room with my court date and wrote "Petty Theft (488 PC)". They told me they have a tape of me taking the items as evidence as well.

This is my first criminal offense, I've never gotten in trouble with the police before. I'm an honors student and am currently majoring in nursing. My deepest concern is to avoid getting a criminal record, which may prevent my ability to get my nursing license after I graduate.

So my questions are:

How should I go about getting a diversion or my misdemeanor charge reduced to an infraction? How likely am I for this to happen? (I understand that an infraction does not involve getting a criminal record and only involves a fine, etc.)

Will hiring a lawyer help really help my case? I've consulted with several lawyers but can't help thinking that they only want me to pay for their services while I might end up getting my charge reduced to an infraction with only a Public Defender.

Will my clean record, grades, activities, etc. be seen somehow by whoever decides my fate? Will these factors help my case at all?

Will revealing my motivations and stresses to the lawyer/PD representing me help my case? (I recently loss a friend to suicide and have a suicidal parent. This is no excuse, since I chose to act the way I did, but I have no other explanation of why I acted out.)

Can a misdemeanor be expunged from my record? I understand that infractions can be expunged, but if possible, how long will/can I have to wait for the misdemeanor or infraction to be expunged?

My deepest concern is avoiding any criminal record, as it will affect my ability to get my nursing license when I graduate. I am so embarrassed that I acted on impulse and got myself into so much trouble over trivial material things. I appreciate any help you can give me. Thank you in advance.

[cdwjava]

How should I go about getting a diversion or my misdemeanor charge reduced to an infraction? How likely am I for this to happen? (I understand that an infraction does not involve getting a criminal record and only involves a fine, etc.)

Diversion is not available in every county. You will have to make inquiry as to whether or not it is in San Mateo County. Best bet would be to consult an attorney before you do anything.

As this is a misdemeanor, conversion to an infraction is not likely at all. The DA may be willing to take jail time off the table as part of a plea, however.

Will hiring a lawyer help really help my case? I've consulted with several lawyers but can't help thinking that they only want me to pay for their services while I might end up getting my charge reduced to an infraction with only a Public Defender.

If you cannot afford an attorney, one will be appointed for you. If you can afford one, you may well not qualify for a public defender.

Will my clean record, grades, activities, etc. be seen somehow by whoever decides my fate? Will these factors help my case at all?

They will likely aid in keeping you from doing jail time.

Will revealing my motivations and stresses to the lawyer/PD representing me help my case? (I recently loss a friend to suicide and have a suicidal parent. This is no excuse, since I chose to act the way I did, but I have no other explanation of why I acted out.)

I doubt this explanation will help you at all.

Can a misdemeanor be expunged from my record? I understand that infractions can be expunged, but if possible, how long will/can I have to wait for the misdemeanor or infraction to be expunged?

Yes, the misdemeanor could be eligible for later dismissal (expungement) down the road.

[PandorasBox]

Just my own opinion....I think pointing out the good grades to the judge....would make the judge think "Wow, this person is so smart, and very obviously knew what he/she did was wrong...."