My question involves criminal law for the state of: California
This is very hard time for me and I would really appreciate some advice.
My wife was booked and charged with Commercial Burglary (PC 459) from a department store in California on 11/18/08 and released on her own recognizance on 11/19/08. She is unemployed and this is her first offense.
Security people at store took some videos from her (while she and my 2 years old daughter both crying) and get her signature, she can't recall what she signed. They also have her on video camera taking merchandise worth $450 and they have possession of the stolen items. Also they say this is her third time and they have videos on previous cases but could not catch her before. She says the previous merchandise worth about $300.
To complete the info, we are immigrants here from 2005 having green card (permanent resident), I am engineer and work in a good company and do not have any financial problem, she did all these because she was so upset and depressed (we did not visit our country from 2005 till now), she even told me that she throw the previous merchandise out without use; in a word we are very alone here, don't have any family or relative. We have two children (under 6) which could not sleep without their mother.
So my question is: what is the most likely consequence that may happen with her on the court date which is going to be on December? Are these charges misdemeanor or felony?
Will she be arrested and do time for this first offense?
Will there be private prosecutors there from the department store?
I am looking for a criminal attorney, but what should we expect at court in California? We need some help.


