Do Need lawyer? Fines Sued? Petty theft 484. Possibility of infraction/ diversion?

[phm777]

What is the name of your state? CALIFORNIA

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?

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.

 

[CdwJava]

1. How much do you think the store can reasonably sue me for?

I'mnot sure of the statory upper limit off hand, but it seems to be about $350. And they don't "sue" you for it, they make a request as a civil assessment. If you don't pay, they can sue you for more and possibly prosecute you.

2. Is it possible for me to be charged for an infraction or is this for sure a misdemeanor?

It's generally a misdemeanor, but, as you posted, it can be charged as an infraction. You can ask the DA if he'll tell you ahead of time, but this is best handled by an attorney. Since they aren't likely to take you to jail, then they will likely go for the infraction unless you have a prior record. They may also choose to have you serve one day of time on a misdemanor because that would make ANY future theft of yours a felony.

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.

It is almost certain thet the DA will not talk to you without an attorney.

4. For a pretrial diversion, is it better to hire a lawyer or get a public defender and have him go through with it?

The lawyer can do it right. If you cannot afford an attorney, the court will appoint one at arraignment IF they are charging you with a misdemeanor or a felony. If it is an infraction, no attorney will be provided unless you pay for it.

5. I am a college student on financial aid and loans. Is this going to affect that status?

Doubtful.

6. How do I go about talking to or acquiring a public defender before this arraignment?

You probably can't.

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?

If they can show intent to steal PRIOR to entry in the store you face felony commercial burglary charges.

7. If I successfully complete a diversion, will it be gone from my record?

Pretty much ... but not entirely. The police will likely always be able to see it.

8. What should I plead if I am charged with an infraction? What is the difference between no contest and pleading guilty?

No real difference that I know of. And you plead what you want to plead - we can't help you with that.

- Carl

 

[phm777]

One More Question

I guess I will need to hire a lawyer. I think the thing I want to know most now is about how much a lawyer will cost in order to get me into a pretrial diversion, or how much a lawyer will charge in order to find out if I have an infraction.

One more specific question:

Recordwise, what has the best end result?

Option 1 Just settling and going into a pretrial diversion program and getting the whole misdemeanor written off of my record. There will always be a trace of that pretrial diversion program right? Can that be expunged off of my record also?

Option 2 Having an attorney talk to the DA and finding out if they are going to charge me for an infraction or a misdemeanor. And if He/she is going to pursue an infraction Pleading no contest or guilty. I have one major question about this because I have heard that an infraction does not go onto your criminal record. Is that true? And if you are convicted of an infraction does that go onto your permanent record where employer's can check up on background checks? And can you expunge an infraction?

Thank you very much and any answers/ help is greatly appreciated. I am deeply penitent and just want to figure out the situation as is.

 

[phm777]

is anyone out there?

 

[seniorjudge]

is anyone out there?

Hire a lawyer.

 

[phm777]

Does anyone have any recommendations for an affordable criminal defense lawyer in the bay area of Northern California who will be able to get the most off of my record? thank you very much. or are there any attorneys within this forum willing to have a consulation with me first?

 

[seniorjudge]

Does anyone have any recommendations for an affordable criminal defense lawyer in the bay area of Northern California who will be able to get the most off of my record? thank you very much. or are there any attorneys within this forum willing to have a consulation with me first?

Look at the top of the screen you are reading now and in the upper left hand corner there is a box that says, "Find A Lawyer Now."

Click it.

 

[phm777]

If a misdemeanor is expunged, can it still be seen?

and are infractions able to be expunged?

thank you

 

[CdwJava]

If a misdemeanor is expunged, can it still be seen?

and are infractions able to be expunged?

thank you

Try this link for information on how to clean up your CA record:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

This is a state government site and has all the information you should need on how to proceed.

- Carl

 

[phm777]

Try this link for information on how to clean up your CA record:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

This is a state government site and has all the information you should need on how to proceed.

- Carl

I read it but, I still have a couple questions...

will an infraction stay on my criminal record as a conviction?

So if a private employer asks me if I've been convicted of a crime will I have to say yes?

And if so, is it possible to get an infraction expunged?

ONE MORE OPTION

if I successfully complete a diversion program do I also have to write that I have been convicted of a crime?

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#whatdisdo

why does it say here that you have to say yes you've been convicted? I've heard that you don't have to once a misdemeanor is expunged.

Thank you once again for the information

 

[CdwJava]

I read it but, I still have a couple questions...

will an infraction stay on my criminal record as a conviction?

In this case? I believe so. It may depend on whether you were ever "booked" or not (fingerprints taken).

But! It also depends on what "record" you are talking about. I have never seen an infraction on a state criminal history (CORI file) but local court and arresting agency records would have it.

So if a private employer asks me if I've been convicted of a crime will I have to say yes?

I would say, yes. But to get the best possible answer, I'd recommend you speak to an attorney.

And if so, is it possible to get an infraction expunged?

Go back to the Courtinfo site and you will find out about expunging records.

if I successfully complete a diversion program do I also have to write that I have been convicted of a crime?

Apparently so ... just reading the link from Courtinfo that you pasted I would say the answer is "yes".

But, best to check with an attorney for the definitive answer.

why does it say here that you have to say yes you've been convicted? I've heard that you don't have to once a misdemeanor is expunged.

Unless you heard that from an attorney, it may not be entirely true.

I deal with law enforcement backgrounds. When you apply for a law enforcement agency you must reveal any and all convictions even if expunged ... private employers don't generally have such a requirement for disclosure - but this can vary.

Once again, it would be best to speak to an attorney who can look at the entirety of YOUR record and evaluate YOUR situation. This can be a very tricky area of law and can be subject to many conditional situations.

- Carl

 

[Kane]

Phm, please take what I have to say with a grain of salt, because I'm not from California. Talk to a lawyer in California, and follow his advice.

Your criminal record is not a single document. Criminal records exist in a number of different places. Courts keep records. So do police agencies. Records are also kept at a state level, and the FBI keeps something called the NCIC, which is a national database. Private companies also hire people to access public databases (like the ones at the courthouse) and transcribe them to their own computers.

So when you ask, "Will I have a record?" it's a difficult question to answer. Some record of what happened will certainly exist somewhere. But will it have any practical effect on your life is probably what you really want to know.

In Texas, the least serious kind of offense is a Class C misdemeanor. Traffic offenses are Class C misdemeanors. So is theft, less than $50. Virtually everybody has a "criminal record" in the sense that they've had at least one traffic ticket sometime in their life.

But, nobody cares about Class C misdemeanors. They're not reported at the state or national level, and job applications generally ask, "Have you ever been arrested for anything, other than a Class C misdemeanor?

I suspect infraction is the California equivalent of a class C misd.

I also suspect that an infraction is not considered a criminal conviction.

Perhaps Carl can tell you for sure. Or, ask your lawyer.

If you want to be sure to protect yourself to the maximum extent possible, consider diversion. Again, talk to a lawyer in CA, but if it's anything like diversion here, the charge will be dismissed when you complete the diversion. That means you will not have been convicted of anything, not even an infraction. It should also mean you can get the charge itself expunged, or ereased, from the records at the courthouse. Again, talk to your lawyer about that.

Good luck.

 

[CdwJava]

An infraction is not generally included in a criminal history. Aside from traffic offenses there are few infractions in CA law. An infraction is an offense punishable by a fine only ... no jail time.

Booking is not generally required with an infraction, so the chances of it being on a CORI file at the state or federal level is slim unless the suspect was "booked" (printed and photographed).

- Carl