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  1. #1
    Join Date
    Jul 2012
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    3

    Default Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    My question involves criminal law for the state of: California , my and my ex boyfriend were shopping at target, our intentions were to buy a lot of movies to sell them at the flea market, and other places. We put all the movies in the shopping car inside 2 reusable target bags, then I told my ex boyfriend that we should put some movies back because they were too many and I wasn't going to buy all of them, he didn't want to do it he wanted me to buy all if them, I told him that if he didn't want to put some back I was going to put aloof them back, then I did it, right by the surveillance camera inside the store I emptied the 2 bags and took only the stuff I was going to pay for and walked away to the register, he started walking behind me with the shopping car, beging me to please buy the items I didn't pay attention to him and he walked through a close register and was waiting for me at the end of the register just looking at me, I finished paying my stuff and started walking away he started walking behind me towards the exit I asked him what are you doing leave the stuff there I am not going to buy it, and right before we cross the detector far away from the exit door like 20 feet away the lost prevention guy stopped him and took him with him to the office I was shocked they did that because nothing was been stolen everything was in the shopping cart, I went with him to the back room to see why they were taking him and I waited there with him, they called the police and the office came and made a police report, he didn't get arrested, the officer didint want to take him because he didn't get out of the store, so they let him go and now 5 months later I get a citation to appear in court for the following charges pc 487(a) 460(b) pc 484 with 1 especial allegation, they sent a letter for him and one for me to appear in court for the same charges, I don't understand why they are charging me for it, if we didn't steel anything, I don't know what to do. 3 years ago I got arrested for shoplifting at target and I got the case expunged last year, I've been living a crime free life I don't want to get in trouble and now they are accusing me for something that nobody did. Please give me advice.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    Simple thing....the bags. You concealed the items, which showed your intent to shoplift.

    You will both want a criminal defense attorney.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    he walked through a close register
    why would he do that? At that point, he committed the theft.

    If he wanted you to buy them, wouldn't he have followed you through the check out station you purchased the other stuff at?

    apparently they believe you were complicit in the theft so they are charging you as well.




    he didn't get arrested, the officer didint want to take him because he didn't get out of the store,
    well, the ensuing summons show this was not quite the case.

  4. #4
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    I have no money to hire a criminal attorney, I don't know what will happen when I go to court, will they take me to jail?

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    when you get in front of a judge, before pleading, tell them you want a lawyer but cannot afford one. They will interview you to determine if you fit the requirements to be appointed a public defender.

  6. #6
    Join Date
    Jul 2012
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    3

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    Thanks for your advise. Do you think I will win the case.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    It's impossible to say. You obviously have your view of what happened. Target, the police, and the prosecutor will each have their versions. Obviously the two opposing positions believe their version, to some extent, or you wouldn't be facing charges while claiming to be innocent.

    All you can do is defend yourself and hope the justice system is truly just.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Theft at a Store Resulting in Charges for Burglary, Grand Theft, PC 484

    Quote Quoting Guadalupe
    View Post
    I emptied the 2 bags
    Where? Did you put the movies back in some random spot? Or, did you put them back where you got them? (This makes a difference.)

    he walked through a close register and was waiting for me at the end of the register
    Was he in possession of the movies or other items he did not pay for?

    I asked him what are you doing leave the stuff there I am not going to buy it,
    Since you had the "reusable" bag, what was he doing? Holding an armload of movies? Or, did he have the movies stuffed into pockets or some other bag?

    I was shocked they did that because nothing was been stolen everything was in the shopping cart,
    But you asked him what he was doing and told him to "leave the stuff" ... that implies he was holding the ill-gotten goods. Was he or wasn't he?

    he didn't get arrested, the officer didint want to take him because he didn't get out of the store,
    Must be a policy issue - or a lazy officer. It IS possible to be arrested for theft even within the store as he had already passed the registers and that would, by itself, been more than sufficient.

    so they let him go and now 5 months later I get a citation to appear in court for the following charges pc 487(a) 460(b) pc 484 with 1 especial allegation, they sent a letter for him and one for me to appear in court for the same charges, I don't understand why they are charging me for it, if we didn't steel anything,
    Apparently he walked past the register with the movies.

    I don't know what to do. 3 years ago I got arrested for shoplifting at target and I got the case expunged last year, I've been living a crime free life I don't want to get in trouble and now they are accusing me for something that nobody did. Please give me advice.
    You speak only to YOUR attorney. Let the boyfriend get his own. If what you say is true and can be verified by the surveillance video, you can probably point the finger at him and clear yourself.

    If you cannot afford an attorney, one should be appointed for you at your arraignment if you request it.

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