Shoplifting, Larceny, Robbery, Theft How do I qualify for a diversion program to dismiss a petty theft charge in CA?

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Heh_

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I have the worst short term memory and it had a negative effect on me. I went to Walmart to get some supplements and sporting goods. I picked up the supplements first which consisted of 3 bottles (total of $30 in goods ) that were DHEA, Soy Isoflavons, and Phosphatidylserine (which actually is suppost to help with memory), then I went to sporting goods. I did not have a cart to free up my hands, so I put the 3 bottles under my belt and picked up a bag of practice golf balls and a practice swing groover which the box in size was 24 inches x 12 inches x 5 inches ($22 in goods that I remembered to pay for).

I carried the items to a walmart checkstand and paid for them with my mastercard then proceded to the store exit. As I approached the threshold of the store exit, a gentleman approaches me and asks "excuse me, why do you have those supplements under your belts?" When I realized I forgot to pay for the supplements, he took my bag of items, handed them to another gentleman, then grabbed my arms and put them behind my back and escorted me to the back.

I informed the gentlemen that I completely forgot to pay for the items and offered to pay for them. The first gentleman told me that I was full of it and he deals with that stuff all the time and does not believe me. He then took my cell phone out of one pant pocket and my keys/wallet from the other and went through it. He found the receipt for the sporting goods I did pay for, then counted my money which was $24. He checked my cards which consisted of my driver's license, my atm card, my american express, my visa, and my mastercard. After that, they placed me in handcuffs, and took my information and a polaroid and informed me that I was suppost to expect a bill from Walmart in the mail for the goods. I later sat for 4 hours until a police officer showed up, read me my miranda rights, and issued a citation for petty theft, California Penal Code section 488, with a court date.

I looked up the california penal code under petty theft and under section 490.1.a, Petty theft that does not exceed $50 may be charged as a misdominor or infraction, and under section 490.1.b if charged as an infraction, the fine would not exceed $250.

At my first court date, I spoke with a probation officer before I saw the judge and he offered if I settled with a guilty plea, I'd get a $500 fine, 3 years probation, and register with the sheriff's department. I asked if I could get it tried as an infraction, they told me not in that court room, so I requested a continuance and public defender being that I cannot afford a private attorney. I saw the judge then after, and he asked if I'd like to attend a school where I can get the charges dropped, then the probation officer interupts the judge and says I couldn't. I could not understand why.

How do I qualify for this school? or a diversion program I assume it's called. Is there any advice to get these charges dropped or get it ruled as an infraction before I go to my next court date in two weeks. What kind of schedule is this diversion program? Would I rather have an infraction on my record?

Any input concerning my situation would greatly valued right now, thank you.
 
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Hey all what would be easier on a criminal record... a misdemeanor (which I have found out can be expunged) or an infraction (can this be taken off a record)???
 
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