I was caught with $120 in merchandise at an Anthropologie store in California. I am 23 years old. Up until then, I had never gotten in trouble with the law before, and I had a clear record. I was foolish... I know my life is forever changed and I can never go back... I feel so terrible and scared... mortified at myself... I would give anything in order to erase this shame and try to go back to normal. The buzzer on the door alarm was not merely my downfall... but I realize now it was a wakeup call to my stained karma.
I went with the store managers who held me in the back room. They took a Polaroid, and I did sign a no trespassing statement that bars me from their chain of stores. The police were called, and the officer read me the Miranda statement. I was in such pieces that I confessed to my guilt and what I had been doing on the spot and the officer wrote down everything. Then she informed me that she was arresting me, but that I would not be taken into custody. She gave me a 'Notice to Appear' in court slip, with information that I was charged with a Misdemeanor of CPC 484/488 Petty Theft.
I know my fate is set no matter what I plead. I made my my bed and I will lie in it. But I have to try... and I want to know all of my options and be as informed as possible before I go.
I have been debating on whether to plead guilty as I had originally planned as I had already been written up by the police officer, and as I have seen also that another person in California did so and managed to get the option of a diversion program to avoid a conviction. However I have also seen some advice on other threads to plead not guilty and attempt to get a lawyer or public defender...
- Is there any way to know my likelihood of qualifying for a public defender? That is, would I have to go to the public defender's office, or just get surprised when I go in for my first court appearance?
- Conversely, is there any way to know my likelihood of qualifying for a diversion program?
- Furthermore, it seems a diversion program will undo or eliminate a conviction but is it known if there is a way to undo a record of an arrest?
- And then on the other hand, any advice on how to start to search for a competent criminal defense lawyer would be appreciated...
- Most importantly, however I deal with this... I'm just terrified that people around me particularly my friends and coworkers will find out (and that I will lose the job that I just barely managed to get...) I have seen in other threads that this arrest is public record and that it will (or might?) be published in the local paper... but when and where in the paper is unclear to me. Information on how to find out about that (and/or prevent that) would be appreciated. I have this fear that the store employees might decide to post my polaroid in the store...
- I am expecting some kind of civil demand letter to come in the mail but I would like to be prepared. Knowing what kind of range of fine(s) California law provides for would be helpful. I have Googled this but I can't seem to find that out or what the statutes are (rather, just a bunch of wikipedia articles on what it is).
[*]Should I be convicted, in California is it possible that a misdemeanor conviction eventually expire off the record as in this thread...? (Maybe I misunderstood the post)
update:
I just managed to go to a 'free' consultation with one attorney who has said that the court I've been assigned to doesn't have the diversion program available... This county tends to prosecute even first time offenders.
It seemed like his take was that the most realistic option would be to (1) try to do a civil compromise with the store beforehand and then if that didn't work out (2) try to get the charge reduced to an infraction of vandalism or trespassing. The attorney said that an infraction wouldn't show up on a background check. The only way to not get convicted would be to (3) go to trial, but then with my admission of guilt at the scene it would be a serious gamble to count on the store LP not showing up for the court trial.
My luck has been so bad lately (what with the stressful situation before what I did that didn't solve it but compounded it) that I don't know about #3.
Today, I have received an email from another attorney saying there's a possibility of a 'D.A. dismissal.' I don't know if that is even less likely though.
I've contacted about 5 attorneys and am trying to set up consultations to see which one to pick.

