Shoplifting, Larceny, Robbery, Theft First offense - MIP + petty theft

[natalieowdom]

I recently turned 18 and am now off at college. I was pledging and part of the haze was me to steal a botttle or alcohol from this grocery store. Of course I got caught and am scheduled for court November 17th. When given the citation the officer stated that because my action was preconceived, it's considered a fellony. Because it was one bottle and my first offense I'm fairly confident they will drop it to a misdemeanor.

My questions are...
Do I need a lawyer?
What are my consequences going to be most likely?
-probation (how long?)
-fine (how much?)
-AA classes (how long and how much?)
-anything else that could happen to me?
Will it get reported to my school?

 

[jharris352]

Its not a felony now. It should be reported to your school. If your lame Fraternity put you up to stealing alcohol and you are underage they should revoke the charter of the Frat. You need a lawyer, the Judge is going to slap you around a bit, nothing too harsh. You showed very poor judgment. Worse your frat showed that they don't deserve to exist. You won't go to jail, but you will know this is a bad thing when you go before the judge.

 

[jacksgal]

Yes you need a lawyer! This Lawyer might get one of the charges dropped in exchange for a guilty plea. Do not talk to DA until you have consulted an Attorney

 

[CdwJava]

Yes, it IS a felony! This is second degree, commercial, burglary! You entered with the intent to commit a theft.

Is it likely to be filed as a misdemeanor petty theft? Probably. If not, they might be willing to take a plea deal to the petty theft/shoplifting charge. Since this is a crime of moral turpitude AND a potential felony, it could have a great impact on your future. You really need to consult an attorney.

I do agree with jharris that you need to report this frat to the university! If they are really doing this, then they are engaging in a pattern of criminal conduct themselves!

- Carl

 

[mightymoose]

Certainly is a felony in California, but unlikely to be resolved that way. Yes, get a lawyer and get it reduced.

You actually committed a burglary, not a petty theft.

 

[jharris352]

You just never know in CA what is and isn't in the law. Who would have thunk it? Smoking a joint can be ok; steal alcohol: FELONY!

 

[jacksgal]

Its the "intent" that takes it to felony level.

 

[mightymoose]

In CA if you enter the building with intent to commit theft or any other felony then you are charged with felony burglary. The value of the theft does not matter for the initial charge but certainly comes into play when the attorneys get involved.
If you enter the store and wander around awhile and decide to slip something into your pocket and make a run for it... petty theft. Your intent at the moment you cross the threshold is what matters. There has to be enough evidence to show intent... and in this case it sounds like the poster sang like a bird and gave them all they needed. Without the story about the fraternity they might have charged petty theft.