Shoplifting, Larceny, Robbery, Theft Is there a chance my petty theft charge (under $50) could be dismissed

[toasterknow]

I was caught shoplifting $40 from a major retail store in California. The loss prevention people made a mistake adding up the price of the items and recorded it down as $65 and said because it was over $50, they would have to involve the police.

The next day, I re-checked the prices online and found they had added it up wrong. I spoke with the loss prevention associate, and he acknowledged the mistake, corrected it on my file, but said there was nothing that could be done to reverse the police citation. I asked him if they had added the amount correctly, would they have called the cops, and he admitted that indeed, no, they wouldn't have.

Is there any chance of the case being dismissed in court? I will be consulting with a lawyer soon, but want to get an idea of my chances.

 

[Betty3]

A local lawyer can give you a better idea than us & they generally know how the courts in your area handle various situations.

You can hold & see if you get other replies.

 

[shrinkmaster]

I have worked as a Loss Prevention Professional for a very long time and consult people like yourself in situations like yours all the time. Your basic answer is probably not! The theft still exists and the dollar value does not change that or charge. Its still misdemeanor theft or PC488 PC 490.5 You can argue that the store (you wisely did not name) the store should have filed a criminal complaint per their policy but again it does not change the crime. If you did argue this point the legal fees would exceed both your criminal and civil fines most likely. Ask this Attorney about plea options like ACD or Diversion as well as discuss your dismissal plan and the cost that go with that. Remember the store policy does not remove fact you did steal and theft of any value is a crime. If you choose to fight this and lose the Judge can give you the maximum sentence for taking the courts time and of course all the cost to your Lawyer for the failed defense