Shoplifting, Larceny, Robbery, Theft Just A Moment Of Your Time

[Psyclone]

please read I need immediate feedback

My girl, twenty years of age, was caught shoplifting at a major department store (Fry's Elec.). The merchandise is about 50 dollars and inside of a plastic casing. The item was placed into her purse and unnoticable. The department store has two doors to exit and enter; she reached the first exit door and was taken into custody before she reached the second. This is her first offense as an adult and she has had no prior charges as a minor. Is this a completly true case of shoplifting, which it seems, and if so please can you give me any info on the possible outcomes, jailtime (if any), probation, etc. If you believe the case could be fought and you have any further questions please let me know.

god bless you for your time and concern

 

[Michael Wechsler]

My girl, twenty years of age, was caught shoplifting at a major department store (Fry's Elec.). The merchandise is about 50 dollars and inside of a plastic casing. The item was placed into her purse and unnoticable. The department store has two doors to exit and enter; she reached the first exit door and was taken into custody before she reached the second. This is her first offense as an adult and she has had no prior charges as a minor. Is this a completly true case of shoplifting, which it seems, and if so please can you give me any info on the possible outcomes, jailtime (if any), probation, etc. If you believe the case could be fought and you have any further questions please let me know.

I'm sorry to hear about what happened to your girl. I don't know what section of code your girlfriend was charged with but there are many instances of this on the board and you can get an idea by searching. I found what I believe to be the California Penal Code that speaks on this issue, being up to 6 months in jail and a $1,000 crime for "petty theft" of items worth under $400.

The store will also likely have a civil action available to them to recover up to a certain amount of money, usually a few hundred dollars for prosecution and a thousand or two for attorneys fees, if applicable. If you're a good talker and can speak to the store, perhaps there is some way you can work it out and agree to reimburse them and do what you can to have her make it up. Many will not do such but hey, you never know. If you can get them to drop charges, then maybe you should consider a career in law!

I wish your girl the very best of luck. This must be very difficult for her.

CALIFORNIA PENAL CODE 490

490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.

490a. Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute
shall hereafter be read and interpreted as if the word "theft" were
substituted therefor.

490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.

A violation which is an infraction under this section is punishable by
a fine not exceeding two hundred fifty dollars ($250).