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first time petty theft in California Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by amnaqui, Sep 2, 2014.

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  1. amnaqui

    amnaqui Law Topic Starter New Member

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    Hello about three weeks ago I was caught walking out of the door with some items about $200. The loss prevention guy stop me at the door took me to the office and police was called I got a ticket saying that I have to appear in court next month. I don't have any record at all no tickets, nothing.
    My biggest concern is that this doesn't stay in my record and how much would I have to pay. I also got a letter from that store changing me about $500 they are assuming I already went to court and that's why they want me to pay them, I am really scared, and don't know what to do.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    THE $500.00 is Civil Demand (read more here) http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 its unrelated to any court fines or your criminal case but it is state law. If you want this off your record then talk to your Attorney about ACD or Diversion as plea options. I am a Retail theft Consultant and deal with this daily. Long as your record is clean and your county has such a program you should be able to protect your record but again talk to your Attorney he will know for certain
     
  3. army judge

    army judge Super Moderator

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    If you're convicted, that conviction will forever stain your good name. Only a full pardon from your state's governor will cleanse the stain of any conviction from your former good name.

    But, you're innocent until proven guilty.
    So, stop talking, appear in court, plead not guilty, hire a lawyer (or beg the judge for a public defender), stay outta that store, keep outta trouble, wait, let your lawyer try to work magic for you.

    A diversionary program (ask your lawyer) will appear to help, all it'll do is lessen the immediate pain.

    Whatever you do, don't take things that don't belong to you.
     
  4. amnaqui

    amnaqui Law Topic Starter New Member

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    Thanks truth is I wasnt hiding the items I was caught in the moment I had a call and it was important so I didnt realize I still had all that in the cart
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    I hope that's not your defense
     
  6. army judge

    army judge Super Moderator

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    That story never works. You, as have we all, the right to remain silent. That has worked. It's not your job to explain why something happened, or how innocent you are. It's the state's job to prove your guilt. Just lawyer up and shut up. It lessens the potential for pain.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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  8. Betty3

    Betty3 Super Moderator

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    They have heard that excuse (though I'm not saying you aren't telling the truth) a "million" times - can't use that. You need to talk to a lawyer about your options.
     
  9. amnaqui

    amnaqui Law Topic Starter New Member

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    Thanks army judge, shrinkmaster, betty 3
     
  10. amnaqui

    amnaqui Law Topic Starter New Member

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    no it is not in my defense. But it is what really happens but I also understand that they wont believe that :(
     
  11. amnaqui

    amnaqui Law Topic Starter New Member

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    I won't be getting my own lawyer I'm sure lawyers are expensive. I'll be taking a public defender I really hope it goes smooth for me that day!
     
  12. amnaqui

    amnaqui Law Topic Starter New Member

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    The loss prevention guy told that they would never believe me that it an accident.
    I also forgot to mention that I had my 1yr old at the moment that happened would that make it any worse?
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    Only if Children's services get involved or you try to fight charge and DA uses that
     
  14. army judge

    army judge Super Moderator

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    Public defenders aren't automatically assigned.
    The court will want you to provide PROOF of your earnings, holdings, wealth.
    They also have ways yo check in places that you might never know about.
    So, do tell the court the truth.
    Be prepared for the court to say, sorry, no PD for you, you make too much money.
    How much is too much money?
    Let's put it this way, I've seen people denied PDS making $35,000 a year.

    In your state, the money has all but been spoken for and the state is strapped.

    Just be ready and always have a PLAN B, C, D, and even E.
     
  15. amnaqui

    amnaqui Law Topic Starter New Member

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    I make way less than that about 13,000
    But you think the fact my baby was with me would be a big issue?
     
  16. army judge

    army judge Super Moderator

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    It might become an issue.
    If you're smart, avoid mentioning it.
    If asked about it, use your right to remain silent.
    Whatever you do, don't admit to anything, don't lie, just refuse to answer under your right to remain silent.
     
  17. amnaqui

    amnaqui Law Topic Starter New Member

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    thanks you are such a good help for me right now. Court day is a month from now but I'm so nervous.
     
  18. army judge

    army judge Super Moderator

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    You're welcome.
    You'll be just fine.
    Its good you're nervous, that way you'll never get involved in any questionable activities for the rest of your life.
    This is not what your mother and father taught you, I'm sure.
    So, stay strong, kiss your baby, hug your baby, and promise your baby you'll always look after the precious darling and stay free as a bird so you can keep your promise.
    Life is easy, we do stupid stuff, and that makes life hard.
    Just don't ever do any stupid stuff.
     

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