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.
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.
