Shoplifting, Larceny, Robbery, Theft Released but citation later

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garygary

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I am a male, 17 years old. Recently I was processed for shoplifting by a security guard at a store. I was released without charges. All of this was pretty upsetting but I thought it was behind me. Now everything is much worse because I have received a criminal citation.

Here is short version of what happened. 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, 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 she would release me 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.

I have asked for advice elsewhere about the detention process and I think I understand that.

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, Penal Code 490, disorderly conduct for loitering with criminal intent, Penal Code 647(h), and disturbing the peace for fighting, Penal Code 415(1).

My mother is an acquaintance of the guard who busted me and my mother 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 am going to see one a few weeks from now, before the court date.

Can anyone tell me how serious this is? It seems like a huge mess for a CD worth less than $20. What is likely to happen to me? Do I have much chane of avoiding a conviction? 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?
 
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.

In your original narrative, you don't mention this... then ya do. Hard to help you unless you reveal all pertinent information.

Thing is, you set off the alarm. And, you should know you set off the alarm. Not just some random thing, where the alarm goes off. You're supposed to wait.

Instead, sounds like you hesitated, then went out the store, and at some point you ran. . . and running is what will make everyone think you are guilty.

Get an attorney.
 
By my original narrative I guess you mean what I posted elsewhere. You're right, that wasn't in there but that's because I did not know that back then. I only found out the other day after getting the citation and when my mother called the guard and talked to her.

I understand what you're saying about the alarm and I know that was a mistake.

In the parking lot I guess I made another mistake because I tried to walk away. I wouldn't call it running but maybe it will be considered the same thing.

I already said I have an appointment with an attorney.
 
You need a Lawyer and should talk to him about your options like Diversion. There is also a site just for issues like yours you can ask the experts at. The link is in my signature line
 
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