I didn't think I would need to come back here again. Thought it was over, but things have gone horribly. For those of you who remember me, I posted last month under "Detained when innocent." Then I thought nothing criminal was going to happen and I was upset about being detained, but now I have been charged.
I am not going to ask anybody to read the old post again. Here is the short version of what happened.
I am a male, 17 years old. I was processed for shoplifting by a security guard at a store. I was released without charges.
I bought some items at a store. As I went through the exit the alarm sounded. No one seemed to be paying any attention so I just left. A uniformed security guard came after me and stopped me in the parking lot. She asked to check my bag. I agreed. She found a CD in it that hadn't been paid for. I explained that this must have been a mistake by the checker or that something was wrong with the register and I offered to pay for it. She told me that I would have to come back with her to the security area. I tried to just walk away, leaving her with the CD. I didn't run, just turned and started to walk, but she took me by the arm and put some kind of control hold on me and walked me back into the store.
In the security office she had a male employee do a pat down search for weapons and then she handcuffed me, hands behind the back, while she did her investigation and report. In the end she told me that I would be released without charges if I paid for the CD and signed a statement that said I had removed an item from the store without paying for it and promised never to return. I signed it. She then held me until my mother could come and pick me up. She warned us that we would get a civil demand, which we did. It was for $500 and it was paid.
Again, last time I was here I thought this was over, but the situation has changed. Just the other day the police came to the house and gave me a citation to appear in criminal court. I have been charged with petty theft, California Penal Code 490, disorderly conduct for loitering with criminal intent, Penal Code 647(h), and disturbing the peace for fighting, Penal Code 415(1). I really didn't fight. As soon as she took me by the arm I submitted.
My mother is an acquaintance of the guard who busted me and called her to ask why all these charges after she had let me go. The guard said that she hadn't intended to charge me with anything, but when her report was read by the higher ups they wanted me prosecuted because I had resisted detention and tried to get away. The guard told my mother that she was sorry, but it was out of her hands.
I KNOW I NEED AN ATTORNEY and I have an appointment to see one a few weeks from now, before the court date. However, that's a long time to wait and I am hoping I can get some advice in the meantime.
Can anyone tell me how serious this is? It seems like a huge mess for a CD worth less than $20. I feel like the are throwing the book at me.
What is likely to happen to me?
Do I have much chance of avoiding a conviction? I admit that I took the CD from the store without paying for it but I have always said that was a mistake by the checker or the register.
If I'm convicted am I likely to go to jail?
Also, if convicted, what are the long term consequences for school, jobs, etc?
What, if anything, can I do to make this better, other than what I am already doing, which is going to see an attorney? Jacksgal told me to talk to an attorney about Diversion. I'll do that, but I'm wondering what chances there are for Diversion when they have charged me with three offenses.
I am not going to ask anybody to read the old post again. Here is the short version of what happened.
I am a male, 17 years old. I was processed for shoplifting by a security guard at a store. I was released without charges.
I bought some items at a store. As I went through the exit the alarm sounded. No one seemed to be paying any attention so I just left. A uniformed security guard came after me and stopped me in the parking lot. She asked to check my bag. I agreed. She found a CD in it that hadn't been paid for. I explained that this must have been a mistake by the checker or that something was wrong with the register and I offered to pay for it. She told me that I would have to come back with her to the security area. I tried to just walk away, leaving her with the CD. I didn't run, just turned and started to walk, but she took me by the arm and put some kind of control hold on me and walked me back into the store.
In the security office she had a male employee do a pat down search for weapons and then she handcuffed me, hands behind the back, while she did her investigation and report. In the end she told me that I would be released without charges if I paid for the CD and signed a statement that said I had removed an item from the store without paying for it and promised never to return. I signed it. She then held me until my mother could come and pick me up. She warned us that we would get a civil demand, which we did. It was for $500 and it was paid.
Again, last time I was here I thought this was over, but the situation has changed. Just the other day the police came to the house and gave me a citation to appear in criminal court. I have been charged with petty theft, California Penal Code 490, disorderly conduct for loitering with criminal intent, Penal Code 647(h), and disturbing the peace for fighting, Penal Code 415(1). I really didn't fight. As soon as she took me by the arm I submitted.
My mother is an acquaintance of the guard who busted me and called her to ask why all these charges after she had let me go. The guard said that she hadn't intended to charge me with anything, but when her report was read by the higher ups they wanted me prosecuted because I had resisted detention and tried to get away. The guard told my mother that she was sorry, but it was out of her hands.
I KNOW I NEED AN ATTORNEY and I have an appointment to see one a few weeks from now, before the court date. However, that's a long time to wait and I am hoping I can get some advice in the meantime.
Can anyone tell me how serious this is? It seems like a huge mess for a CD worth less than $20. I feel like the are throwing the book at me.
What is likely to happen to me?
Do I have much chance of avoiding a conviction? I admit that I took the CD from the store without paying for it but I have always said that was a mistake by the checker or the register.
If I'm convicted am I likely to go to jail?
Also, if convicted, what are the long term consequences for school, jobs, etc?
What, if anything, can I do to make this better, other than what I am already doing, which is going to see an attorney? Jacksgal told me to talk to an attorney about Diversion. I'll do that, but I'm wondering what chances there are for Diversion when they have charged me with three offenses.
