Caught Shoplifting, Exceeds $400, California

[Yaytina]

Good luck to you. I just hope you make the right choice for you. Bear in mind, too, that either lawyer can help you into a diversion program.

Thank you.
One of the lawyer said the diversion program is if I'm tried as an adult. Is this true?

[PandorasBox]

Let's look at it this way:

Most shoplifters do not start off with a $400 item. This was not your first time stealing, just your first time caught.

Do not speak to the police without a lawyer.

"I talked to another lawyer, and he said just go to the Police Station on Tuesday and talk with the detective. And he said there's a big chance they will let me go with a warning prior to my first offense as a juvenile." - If I were you, I would not listen to this guy at all. $400 worth of theft does not get a "warning". Also, the police do not make the decision on what to charge you with - the prosecutor does.

[Yaytina]

I understand.

My mom is keep saying that I don't need a lawyer since I'm a minor and first offense. She doesn't understand that this is a big deal. She thinks going to talk to a detective will solve everything but that's very unlikely as you guys said. They're trying to punish me, not let me go. But she doesn't understand this and thinks a lawyer is pointless and a waste of money.

What are some stuff I can say to convince her to get me a lawyer? I have money that I've been saving up from my previous job, if my mom's not willing to pay, I will - but it'd be nice if my mom understood what kind of situation I'm going through and offer to help..

[LawResearcherMissy]

Show her this thread. Alternatively, get the lawyer yourself. You stand accused of a very serious crime, you're entitled to counsel whether your parents think you need it or not. It is profoundly stupid to not retain counsel.

Pandora is a reformed shoplifter herself. She's not just pulling things out of thin air, she's speaking from experience. Cyjeff consults for Loss Prevention departments. My husband is a retail district manager, whose responsibilities include going after shoplifters. We're speaking from actual knowledge. If that's not enough for her, it ought to be enough for you.

[jarno]

If you want to be paying for this mistake possibly for rest of your life... don't get a lawyer. If you want to go to a good college without holding you back and have a decent career after you graduate, get a lawyer. Theres is a reason why most companies ask about convictions and if it's a felony, you're not getting that job.

[Yaytina]

We are Asian and my mom doesn't understand English so that's a problem. I called a lawyer and he's willing to meet up with me tomorrow but I need to convince my mom into meeting the lawyer as well - since I'm a minor. The lawyer wants to go to the Police Station on Tuesday as a scheduled meeting with the detective, it seems like he really wants to try his best on helping me drop the theft case.

I just hope they don't charge me a felony, and rather a misdemeanor, or even a better case, drop the charge with a lot of community service. I just hope.. I'm glad I got caught with this while I'm still a minor, I've learned a valuable lesson.

I've been worrying about this and crying all day, I'm just hoping for the best, this depends on my future..
I understand that everyone here are giving advices from experience and from what they have seen, thank you so much.

[PandorasBox]

I'll tell you this too:

I decided to become a Realtor. Because that involves going into peoples homes, I had to go through some extra hurdles to get my license application approved.

- Obtain Certified Copy of Judgment from the court. (You have to go to the court where it happened, in person).
- Write out detailed statement of what happened and why.
- Submit Letters of Recommendation from friends, and former co-workers.

The Real Estate Commission had to review this, and reach a vote that I was not likely to reoffend. I got it, thank God.


What can a lawyer offer you? He/she will know if your area offers a Diversion Program, and can get you into it. Diversion would give you a chance at having your record sealed. If that is not available, the possibility of a plea deal to a lesser charge (THIS you plea guilty to). In my case, "Disorderly Person" which looks a LOT better than "Retail Fraud".

Job wise, what can you expect: With a "Retail Fraud" conviction - your job market is greatly reduced - forget anything that involves handling money, credit cards, or involves a high level of trust. You may get into McD's, but not as cashier.

Additionally, instead of various court dates - arraignment, pre-trial conference, trial, sentencing....it was done and over with in one day, instead of over a few months.

See where a lawyer is going to be the best option?

PS: Stress this to your mom also:

Again, first time shoplifters do not steal $400 of merch. The Prosecutor and Judge are going to see it as your first time CAUGHT, not your first time stealing.
Seriously. They deal with shoplifters every day.

[Yaytina]

I understand Pandora, and I've greatly learned a valuable lesson. I know that it was the biggest mistake of my life.

The weird thing is - the police officer told me to come back to the police station Tuesday (tomorrow) to talk to a detective instead of just giving me a citation or even any type of fines. I'm assuming they will do all that tomorrow, but I'm hoping for the best. I've talked to a lawyer (didn't hire him yet) and he told me since I've already made a written confession, there's no other questions the detective needs from me and stay silent through the whole procedure of the questioninig.

My family is opening up a store in Texas and doesn't have a lot of money to spend on a lawyer, but I'm afraid a Public Defender will not be enough for me.

If it's okay with you, will you please tell me what the difference will be with a lawyer and a public defender in my case?

PS: From what one of the lawyer told me was: Diversion program is for people who are being tried as an adult. I don't think I'm being tried as an adult.. or at least I hope so - and for that, I need to plead guilty; but from what I've understood so far, pleading guilty is not the best idea.. I'm so confused.

Thanks..

[LawResearcherMissy]

If it's okay with you, will you please tell me what the difference will be with a lawyer and a public defender in my case?

There really isn't one.

Both had to go to law school, study til their heads exploded, sit for and pass the Bar. The difference is that the lawyer in private practice is paid by his clients and can turn down cases to control his caseload. The Public Defender is paid by the State, and has a bit larger caseload.

[jarno]

the reason the detective wants to meet u is to build up a stronger case or shnooz out more info out of you and have you confess to more crimes that you might have pulled off back in the day