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  1. #1
    Join Date
    Mar 2006
    Posts
    5

    Default Defending Against an Old Shoplifting Charge

    This is my first post. Appreciate any advice. Sixteen years ago when I was in my very early 20s I stole a bottle of perfume, value approx. $40 and while at the same store I commited refund fraud. I took a perfume set, value ? probably around $50 and returned it. I was caught and taken to jail where I was fingerprinted and let go with a promise to appear in court. I was young and scarred and never went. I knew I'd have a bench warrant but figured if I could stay out of trouble for 7 years, I'd be fine. Four years later I got a speeding ticket and was run and nothinng came up. Two years later same thing. Just to be sure though a few years later I asked my friend who is a police officer to run me and she told me no warrant. Recently, I applied for my CA Real estae license and apparently I have a warrant. I went to court a few days ago and spoke with the public defender, who wanted me to plead to a lesser charge. He said that the DA has a problem with the failure to appear, not so much the actual charge(s). Since I didn't want to take the chance of having the Dept. of Real estae deny me if I were to have any type of record, I figured I'd take my changes plead innocent and go to trial. My question is: If the ONLY thing they have against me is the written statement from the two LP agents and I challenge that, will I even have to make up some story as to why I'm not guilty? I was told by a friend who is an assisant DA in another state that I have the right to challenge the witnesses and if the witnesses can't be located I would win. I'm not sure what I should do. An entire new career is riding on this. I am a responsible citizen, I'm on the PTA, I'm a homeowner etc... I'm paying for this in the worst way... 16 years later. Pleeze help. I go to court on April 6th

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    You're going to trial on a criminal charge. Hire a criminal defense lawyer.

  3. #3
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    If you want to fight it, you are going to trial to do it. You will be fighting both the theft and the failure to appear charges.

    If your primary concern is the your real estate license, why don't you find out if there are exceptions as far as criminal convictions? I believe there are minor criminal convictions that are OK.

  4. #4
    Join Date
    Mar 2006
    Posts
    5

    Default

    Thank you for your response. I had spoken to the Dept. of Real Estate and they said everything is on a case by case basis. I was assigned a public defender today whom I have yet to speak with, but I'm sure it will all just play out, however it does. Thank you again. I'm just hoping that it is true that if the two LP employees do not come forward that I would somehow win that case by default and as far as the failur to appear... I really don't even know what they want me to say. It seems like nothing is good enough, they are really mad about that.

  5. #5
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    I would think the LP's have moved on and are not around to testify, the problem will be the failure to appear. I guess you could say 'young and dumb' but you'll have to pony up for it some how.

  6. #6
    Join Date
    Mar 2006
    Posts
    5

    Default

    Thank you to all who responded. It helps me to sleep until next week. I will tell the truth about why I did not appear. I was young and it was a very dumb mistake for not showing up in court.
    Is the failure to appear considered a misdemeanor charge? Assumimg the best scenario: the only charge that stays is the failure to appear, I'm wondering if it points out on the final disposition letter that I need - what the failure to appear was for.

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