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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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