Shoplifting, Larceny, Robbery, Theft Shoplifting CA

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callie2468

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I was recently "caught" shoplifting in California. I was in Store name and was going to check an electronic case to see if it fit my device, I checked my pocket and realized I didn't have it on me. I then proceeded to put the item in my pocket. My fiance was in ICU and I just wasn't paying attention to what I was doing I was so out of it. I paid for a $20 item, but was caught with the $10 item in my pocket. I am 23 and have never broken a law in my life, never been arrested and never even had a speeding ticket. They stopped me at the exit and told me to empty my pockets and when i reached in my pocket I realized what I had done. I tried to explain what happened but the guy was pulling the tough guy act and wouldn't listen to me. He was going to let me pay restitution which he determined to be $165, but then changed his mind after starting the paperwork. He made everything I did sound like I was stealing it on purpose. I was taken to jail and released an hour later with a court date. I am scared to death. I don't know what to do. I don't want this to be on my record, but I cant afford an attorney. I was told by the police woman that I had not made any self incriminating statements. What should I do? What should I expect when going to court? Do I get a Public Defender? If so, do I need to retain one before court? I have no family support, so I am doing this alone and am terrified. My fiance has heart conditions, so I can't talk to him about it in fear of getting his blood pressure up. I'm scared and any information you can give me would help tremendously.
 
If charged with petty theft shoplifting, you will be arraigned at the date on your citation or release paperwork. If you are unable to afford an attorney, the court will assign one. You will likely have to plead "not guilty" at the arraignment in order to have time to speak with an attorney.

Your attorney can advise you if there are any diversion programs in your area and that the court permits. he can also advise you on what the standard penalty might be should the matter go to trial and you are convicted.

Do you know what the specific code section is that you were cited for?

- Carl
 
Carl,

The citation says 484(A)PC-THEFT. I think that is what you were asking for but I'm not sure. If it isn't please let me know. I've been told by others that I won't go to jail because it is so minor and my first offense. Is this true? I know you can't say for sure, but your opinion would be greatly appreciated.

Thanks,
Caitlin
 
Jail in your case is very very low. As you were told ask your Attorney about Diversion. Your biggest worry should be a criminal record not jail
 
Yes, PC 484 is the section that defines theft so it sort of leaves it open. But, unless they intend to charge you with burglary, this should be a petty theft shoplifting matter.

If found guilty, I suspect that probation, a fine, and restitution is in order. The store will also likely request a civil demand for up to $500 which will be above and beyond any criminal action. In fact, the store can request payment even if no charges are filed.

- Carl
 
Carl,

Thanks for the information. They told me it was petty theft, not burglary. Is there any way to keep this off my record?

Thanks
 
"Diversion" as you have been told is what you want. It should have the desired impact
 
callie2468 said:
Carl,

Thanks for the information. They told me it was petty theft, not burglary. Is there any way to keep this off my record?

Thanks
Click to expand...
As AP mentioned, only diversion will keep this off your criminal record. Or, of course, if the DA agrees not to pursue the matter or you are acquitted at trial.

- Carl
 
I would like to thank all of you for your help. It has certainly helped me very much. I just have one more question: do I get the public defender before my arraignment date, or after?
 
Your arraignment is where they call you to court and formally read you your charges and ask what you would like to do. At this point, plead not guilty and request information on how to obtain a public defender. You have a constitutional right to have counsel and if you cannot afford counsel (by the courts standards) counsel will be appointed for you.

Try and get ahead of the game by contacting your local public defenders office and checking out the requirements. There are a lot of factors they take into consideration. Also try and contact them at least 10 business days before your court date as that will give them ample time to enter their appearance and subpoena information that can assist you.
 
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