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Shoplifting/Burglary

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jon2430

Junior Member
What is the name of your state (only U.S. law)?

I am a 20 year old college student in California. I went into Nugget Market to go purchase items for a party later in the night. However, i saw their alcohol had no alarm things on it so i took 2 bottles totaling $50 and put it in my grocery bag. I left in a hurry before I was caught up by security. He put cuffs on me and took me to a room and started saying I messed up my future. I first lied to him saying i was 17 then i said later i was 20. He said I'm getting a felony charge because I had the intent to rob when I walked in with the grocery bag. However, this is the same grocery bag I use time in time again for grocery shopping. in 2014, I got arrested for public intoxication but did neighborhood court which supposedly cleaned it off my record. I got caught around April for shoplifting at Macy's but they didn't call the police and gave me a fine. I'm pretty shaken up after this and realize it's time to change and get help. I was given a citation and misdemeanor, 459.5 pc Burglary/Shoplifting- and have a court date in 2 months. What should I do? I intend to plead no contest at court bc the security guard said i had intent to the police but I didn't have intent. Also, what should i expect my punishment to be?
 


Eekamouse

Senior Member
What is the name of your state (only U.S. law)?

I am a 20 year old college student in California. I went into Nugget Market to go purchase items for a party later in the night. However, i saw their alcohol had no alarm things on it so i took 2 bottles totaling $50 and put it in my grocery bag. I left in a hurry before I was caught up by security. He put cuffs on me and took me to a room and started saying I messed up my future. I first lied to him saying i was 17 then i said later i was 20. He said I'm getting a felony charge because I had the intent to rob when I walked in with the grocery bag. However, this is the same grocery bag I use time in time again for grocery shopping. in 2014, I got arrested for public intoxication but did neighborhood court which supposedly cleaned it off my record. I got caught around April for shoplifting at Macy's but they didn't call the police and gave me a fine. I'm pretty shaken up after this and realize it's time to change and get help. I was given a citation and misdemeanor, 459.5 pc Burglary/Shoplifting- and have a court date in 2 months. What should I do? I intend to plead no contest at court bc the security guard said i had intent to the police but I didn't have intent. Also, what should i expect my punishment to be?
I don't agree. It sounds like you had intent to me.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?

I am a 20 year old college student in California. I went into Nugget Market to go purchase items for a party later in the night. However, i saw their alcohol had no alarm things on it so i took 2 bottles totaling $50 and put it in my grocery bag. I left in a hurry before I was caught up by security. He put cuffs on me and took me to a room and started saying I messed up my future. I first lied to him saying i was 17 then i said later i was 20. He said I'm getting a felony charge because I had the intent to rob when I walked in with the grocery bag. However, this is the same grocery bag I use time in time again for grocery shopping. in 2014, I got arrested for public intoxication but did neighborhood court which supposedly cleaned it off my record. I got caught around April for shoplifting at Macy's but they didn't call the police and gave me a fine. I'm pretty shaken up after this and realize it's time to change and get help. I was given a citation and misdemeanor, 459.5 pc Burglary/Shoplifting- and have a court date in 2 months. What should I do? I intend to plead no contest at court bc the security guard said i had intent to the police but I didn't have intent. Also, what should i expect my punishment to be?
You had intent. In addition, what do you want to be when you grow up other than a criminal? Why do you intend to plead no contest?
 

quincy

Senior Member
What is the name of your state (only U.S. law)?

I am a 20 year old college student in California. I went into Nugget Market to go purchase items for a party later in the night. However, i saw their alcohol had no alarm things on it so i took 2 bottles totaling $50 and put it in my grocery bag. I left in a hurry before I was caught up by security. He put cuffs on me and took me to a room and started saying I messed up my future. I first lied to him saying i was 17 then i said later i was 20. He said I'm getting a felony charge because I had the intent to rob when I walked in with the grocery bag. However, this is the same grocery bag I use time in time again for grocery shopping. in 2014, I got arrested for public intoxication but did neighborhood court which supposedly cleaned it off my record. I got caught around April for shoplifting at Macy's but they didn't call the police and gave me a fine. I'm pretty shaken up after this and realize it's time to change and get help. I was given a citation and misdemeanor, 459.5 pc Burglary/Shoplifting- and have a court date in 2 months. What should I do? I intend to plead no contest at court bc the security guard said i had intent to the police but I didn't have intent. Also, what should i expect my punishment to be?
I lean toward Eekamouse and Ohiogal's assessment on intent.

Here is a link to the law under which you were charged, PC 459.5:
http://www.leginfo.ca.gov/cgi-bin/displaycode?file=458-4648group=00001-010000&section=pen

Because shoplifting under $950 is a misdemeanor, like your public intoxication charge that was discharged (PC 647 at http://codes.lp.findlaw/cacode/PEN/3/1/15/2/s647), you would be very smart to have an attorney assist you with this.

If convicted on the misdemeanor charge, you face 6 months in jail and/or up to a $1000 fine - and having a misdemeanor on your criminal record will affect you in all sorts of unpleasant ways.

Having an attorney is your best chance of having the charge reduced or dismissed.

If you do not have an attorney by the time of your hearing, a "not guilty" plea is often recommended until you can consult with an attorney - but if the hearing is not for two months, you should be able to find one in time.

The "no contest" plea is treated by the court the same as a guilty plea with the same penalties possible, even though you will not be admitting guilt. The advantage to a no contest plea is that there is no guilty plea to be used against you should a civil action on the shoplifting be filed by the store later.

Again, I recommend you seek out the help of an attorney in your area. Good luck.
 
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