Shoplifting, Larceny, Robbery, Theft caught shoplifting charged with burglery felony

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helppls

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got caught shopplifting about 250$ worth of clothes each with a friend at the mall and they charged us with 2 felonies, one felony was burglary i no intent of shopplifting when we entered the store, thats why i brought my wallet and stuff

im 19 and have a clean record, state of CA
court date on march 3rd, Arraignment: Complaint idk what this is or what it means, never been in trouble like this at all
what should i do? plead not guilty?
 
I have worked as a Retail theft professional for many years now and I can tell you pleading guilty without first talking to an attorney is VERY UNWISE. The CA threshold for felony theft is much higher than $250.00 so there must be more to this
 
helppls said:
got caught shopplifting about 250$ worth of clothes each with a friend at the mall and they charged us with 2 felonies, one felony was burglary i no intent of shopplifting when we entered the store, thats why i brought my wallet and stuff

im 19 and have a clean record, state of CA
court date on march 3rd, Arraignment: Complaint idk what this is or what it means, never been in trouble like this at all
what should i do? plead not guilty?
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Your lawyer will explain all the whys and wherefores about this.
Until you get a lawyer, simply stop talking about any of this to anyone, don't even trust old friends - talk to no one, appear in court, be on time, be neat, when your name is called, answer yes your honor, no your honor: then plead not guilty, make no statements, don't discuss the case, when asked about a lawyer, ask the judge if you can have court appointed public defender (unless you're rich), then do what the judge says, and see if you qualify for a public defender.

Then make an appointment to meet with the lawyer, stay ot of trouble, and do not return to that store -NO MATTER WHAT- stay out of that store and don't break any laws while you wait for this to go to trial.

Pleading guilty will screw you for the rest of your life.
Talking about this to anyone will screw you for the rest of your life.

When talking to YOUR lawyer, don't try to explain ANYTHING, like that wallet shit, that only helps. It shows you preplanned this.
You don't need to understand, except try to answer YES or NO, or as with few words as possible.

The state has to PROVE what they've charged you with.
Don't be STUPID and blab.
Just shut up. That makes proving stuff harder for the state.
 
army judge said:
Your lawyer will explain all the whys and wherefores about this.
Until you get a lawyer, simply stop talking about any of this to anyone, don't even trust old friends - talk to no one, appear in court, be on time, be neat, when your name is called, answer yes your honor, no your honor: then plead not guilty, make no statements, don't discuss the case, when asked about a lawyer, ask the judge if you can have court appointed public defender (unless you're rich), then do what the judge says, and see if you qualify for a public defender.

Then make an appointment to meet with the lawyer, stay ot of trouble, and do not return to that store -NO MATTER WHAT- stay out of that store and don't break any laws while you wait for this to go to trial.

Pleading guilty will screw you for the rest of your life.
Talking about this to anyone will screw you for the rest of your life.

When talking to YOUR lawyer, don't try to explain ANYTHING, like that wallet shit, that only helps. It shows you preplanned this.
You don't need to understand, except try to answer YES or NO, or as with few words as possible.

The state has to PROVE what they've charged you with.
Don't be STUPID and blab.
Just shut up. That makes proving stuff harder for the state.
Click to expand...

thank you!
what would you say is usually the end of these cases?
clean record, etc and how much do you think the fine and fees will be
 
helppls said:
thank you!
what would you say is usually the end of these cases?
clean record, etc and how much do you think the fine and fees will be
Click to expand...


Most people get convicted. That stains your record forever.

A few people get acquitted. They walk away pure as snow.

Lots of people take a plea bargain, and confess to a lesser offense. That still stains their record.

Any conviction r plea bargain stains you. It never goes away. Don't be fooled, an expunction isn't a pardon. Pardons are rare, very rare.

The fines and costs vary, including reimbursing the merchant for what was stolen (they'll charge you again in civil court or get you to agree to a civil demand); but in criminal court you'll be lucky if you have a few bucks left out of a $1,000. Your state might even be higher. Plus, you'll do 40-100 hours of community service, probation for 6 months or so, pay for and complete a couple classes one on ethics (making good choices), the other about not stealing. You may even be ordered to take counseling.


I live in Texas. Stealing here is cheaper, if you get caught.
 
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You need to ask your attorney what the normal outcome of cases like yours are. Your dealing with multiple felonies so prison is possible
 
army judge said:
Most people get convicted. That stains your record forever.

A few people get acquitted. They walk away pure as snow.

Lots of people take a plea bargain, and confess to a lesser offense. That still stains their record.

Any conviction r plea bargain stains you. It never goes away. Don't be fooled, an expunction isn't a pardon. Pardons are rare, very rare.

The fines and costs vary, including reimbursing the merchant for what was stolen (they'll charge you again in civil court or get you to agree to a civil demand); but in criminal court you'll be lucky if you have a few bucks left out of a $1,000. Your state might even be higher. Plus, you'll do 40-100 hours of community service, probation for 6 months or so, pay for and complete a couple classes one on ethics (making good choices), the other about not stealing. You may even be ordered to take counseling.


I live in Texas. Stealing here is cheaper, if you get caught.
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is it smarter to get a paid attorney or go with a PD?
i mean i have no money but i can sell all my belongings to buy an attorney, i know i made a mistake i was stupid i cant believe i even did what i did...
i heard PD arent much of help better off hiring one
 
You can request a PD and the court will determine if you qualify. In mean time start consulting with local Attorneys. Many offer free consultations get as many as you can
 
shrinkmaster said:
You can request a PD and the court will determine if you qualify. In mean time start consulting with local Attorneys. Many offer free consultations get as many as you can
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i talked to one that said he is 90% he can get me out of this without a stain on my record, he has had hundreds of cases like this
 
helppls said:
i talked to one that said he is 90% he can get me out of this without a stain on my record, he has had hundreds of cases like this
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If you like that person, ask others about him, check his or her record with the state bar, and see if you can afford him or her.

Most public defenders are like most private lawyers, good at what they do.

There are always bad apples everywhere you go.

So, whatever you do, choose carefully.

You want someone who believes in you and will work to help fix your problems.

Its your call, and your vote is th eonly one that matters. Just choose wisely.
 
Burglary? Felony?

HELPPLS:

What do you mean, you were charged with BURGLARY? Surely this is not correct, and since when is a $250 shoplifting a felony? I cannot imagine any law enforcement worth his or her salt making such an asinine and hugely ridiculous charge even if they are fresh out of the academy and a little unsure about the Penal Code.

In any event, at your arraignment on Monday the 3rd, the first order of business will be for the District Attorney to dismiss the burglary charge, reduce the felony shoplifting to a misdemeanor and calendar you to be arraigned in the Misdemeanor court at a later date. And do not waste money on a private attorney JUST YET. See what happens first on Monday. You will automatically be assigned a public defender and if he or she does not come to you with the scenario I set out in the previous paragraph, then dump him and go private. The only time you will plead guilty is when the burglary charge is dismissed and felony larceny is reduced to misdemeanor.

Do these people even know the definition of a burglary?

Mind boggles!

fredrikklaw
 
fredrikklaw said:
HELPPLS:

What do you mean, you were charged with BURGLARY? Surely this is not correct, and since when is a $250 shoplifting a felony? I cannot imagine any law enforcement worth his or her salt making such an asinine and hugely ridiculous charge even if they are fresh out of the academy and a little unsure about the Penal Code.

In any event, at your arraignment on Monday the 3rd, the first order of business will be for the District Attorney to dismiss the burglary charge, reduce the felony shoplifting to a misdemeanor and calendar you to be arraigned in the Misdemeanor court at a later date. And do not waste money on a private attorney JUST YET. See what happens first on Monday. You will automatically be assigned a public defender and if he or she does not come to you with the scenario I set out in the previous paragraph, then dump him and go private. The only time you will plead guilty is when the burglary charge is dismissed and felony larceny is reduced to misdemeanor.

Do these people even know the definition of a burglary?

Mind boggles!

fredrikklaw
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Hello, my friend from Cali.
The Mighty Moose knows a great deal about this, too.
In Cali, they charge burglary because they want to send a message, and it's harder to prove, than it is to charge.
It gives the persecutor greater leverage during any plea negotiations.
You good brothers at the Cali Bar use the term, WOBBLER.
I'll defer to this fine California to better explain WHY.
Good to see you about, FL.

Here you go:

http://www.shouselaw.com/blog/theft/when-shoplifting-california-become-burglary/
 
fredrikklaw said:
HELPPLS:

What do you mean, you were charged with BURGLARY? Surely this is not correct, and since when is a $250 shoplifting a felony? I cannot imagine any law enforcement worth his or her salt making such an asinine and hugely ridiculous charge even if they are fresh out of the academy and a little unsure about the Penal Code.

In any event, at your arraignment on Monday the 3rd, the first order of business will be for the District Attorney to dismiss the burglary charge, reduce the felony shoplifting to a misdemeanor and calendar you to be arraigned in the Misdemeanor court at a later date. And do not waste money on a private attorney JUST YET. See what happens first on Monday. You will automatically be assigned a public defender and if he or she does not come to you with the scenario I set out in the previous paragraph, then dump him and go private. The only time you will plead guilty is when the burglary charge is dismissed and felony larceny is reduced to misdemeanor.

Do these people even know the definition of a burglary?

Mind boggles!

fredrikklaw
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thank you sir, the person that caught us said we were arrested and charged with shopplifting, and later i see the paper in my hands saying we got 2 felonies, one being burglary and other being helping someone steal
 
As I said there are different ways one can get a burglary charge and you gave us few details. No the dollar value does not make it a felony but use of tool, proof of intent are two examples of how you can get this charge. Its very possible they have very little to get the felony to stick but can drop this to misdemeanor in plea bargain.
 
shrinkmaster said:
As I said there are different ways one can get a burglary charge and you gave us few details. No the dollar value does not make it a felony but use of tool, proof of intent are two examples of how you can get this charge. Its very possible they have very little to get the felony to stick but can drop this to misdemeanor in plea bargain.
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what exactly is a plea bargin and how do i sign up for one, and honestly i had no intent of stealing when i entered the store, i just wanted to buy a pair of basketball shorts but there were so many good ones i took a lot, if i had the intent to steal i would have not brought my wallet right? should i tell the PD this?
 
As a Loss Prevention professional I have heard that excuse and many more. If that's your defense your sunk. A plea bargain is when you plead guilty or no contest in exchange for reduce sentence or the like.
 
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