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Re: PETTY THEFT CALIFORNIA PANICKING PLEASE HELP
Posted by Ray on 5/12/08
Hi , I found this forum by serching in google . The problem you had happens exactly to me yesterday. I had some food ($59) in my cart, I was busy with my cell phone and I went out of store(Lucky) and try to call to my family, the security guard stopped me and told me that you shouldnt outside with the items . So I explained to them, I didn't have intention for stealing . The Police came and gave me a citation for petty theft (484/488) . Now I should go to court in July. Any suggestion would be appriciated, I'm very worry for any background check (I'm trying to get a new job) . Hope your issue was solved . Please help me .. Regards, Ray ----------------------- On 9/28/05, PHM777 wrote: > > Yesterday I made the biggest mistake in my life. > I am a first time offender and this is the first thing > that ever on my record. I am 19 years old and a college > student on financial aid. > I did try to shoplift something thinking that I would be > able to get away with it. The item was a $16 coin purse > from Urban Outfitters. I can honestly say that I don't > know how exactly it happened. I saw it, I wanted it and I > did put it in my purse, but I thought I took it out > because obviously I would get in trouble for the act. So I > did have an intention to take it initially but i thought i > had taken it out of my bag. Of course since the fact of > the matter was that I didn't the security alarm went off > when I went through the door and I was lead to the back to > be questioned etc. I did not admit to anything except that > I don't know how exactly this happened. The police officer > came and gave me a citation for petty theft 484. I did not > make any kind of statement. Also the store gave me this > thing where I can't trespass for 3 years and also that > they are going to sue me. The manager asked me to sign > something, but I wanted to do it in front of the police, > but he ended up forgetting or something because he didn't > ask me to sign it. The only thing I signed was the ticket > from the police. After doing research on my situation I > have a lot of things to ask. > > So here's my first question. > > 1. How much do you think the store can reasonably sue me > for? On the paper they gave me it says that it takes into > consideration the possible damges, whether the item was > damages or rendered non-saleable, costs of security, and > other restitutions permitted by law. I also read the penal > code and it said that they can sue me for up to 500 or > something? > > 2. Is it possible for me to be charged for an infraction > or is this for sure a misdemeanor? And can I find that out > before I actually go to the court date? Because the item > was $16 and I want to know if it's better for me to hire a > lawyer now or get appointed a public defender. I probably > cannot afford a lawyer. > The penal code says : > 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. > > 3. Is it better for me to find out if I'm charged with an > infraction or is it better to contact the DA now and see > if I can get into a pretrial diversion program. And I feel > like I have to make the decision before my court date on > Oct 11. The most important thing for me is to not have > this on my record and I'm wondering what would be better. > I know that both will have some remainder on my record, > but how long will it be before that goes away? > > 4. For a pretrial diversion, is it better to hire a lawyer > or get a public defender and have him go through with it? > And do I have to pay for these classes? And how much will > it cost for the classes? I've heard that the lawyer fee > for arranging a pretrial is $1500 + > > 5. I am a college student on financial aid and loans. Is > this going to affect that status? > > 6. How do I go about talking to or acquiring a public > defender before this arraignment? > > 7. Does my intent of not really intending to steal it > account for doubt of any kind or am I automatically > considered in the act because they caught me? > > 7. If I successfully complete a diversion, will it be gone > from my record? > > 8. What should I plead if I am charged with an infraction? > What is the difference between no contest and pleading > guilty? > > At this time I have not received any other documentation > from either the store or the court. > I know there are many similar cases and posts in this > forum but I wanted to get some more specific answers to my > situation. i've read through many and I'm still not sure. > Thank you very much and please answer ASAP.
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