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I was given a citation for petty theft

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teddy_86

Junior Member
What is the name of your state? CA

I plan to appear in court and plead guilty. The cost of the merchandise was $32.00. What is going to happen and how is this misdemeanor going to affect my record? I have never done anything so stupid, I'm an adult and I work for the goverment, my job requires clearance. What now?
 


enjay

Member
You do realize that your agency will be notified of this arrest, right? As soon as the arrest hits NCIC, the FBI sends a notice to OPM.

If I were you, I would attempt to arrange a pre-trial diversion (get a lawyer, if necessary) and keep a conviction off of your record. It would be worth the money in the long run.
 

teddy_86

Junior Member
I was given a citation is that the same than being arrested?

I was not arrested; but it terms of being cited for a misdeameanor is that the same?
 
S

seniorjudge

Guest
teddy_86 said:
I was not arrested; but it terms of being cited for a misdeameanor is that the same?
It is the charge and conviction on the crime (not whether you were arrested) that you need to be concerned with.

To repeat enjay's advice: If I were you, I would attempt to arrange a pre-trial diversion (get a lawyer, if necessary) and keep a conviction off of your record. It would be worth the money in the long run.
 

teddy_86

Junior Member
I consulted an attorney about pretrial diversion

She would charge me $1500 to do that. Now I have another question if I decide to request the diversion, provided that is granted.

The agency that I work with will use the FBI to do the background check when the time for my reinvestigation comes, maybe in a couple of years.
The attorney told me that if I complete the diversion program succesfully my record will indicate that I had a misdemeanor and that it was dismissed.

I think in the past when they did my investigation they never asked me about misdemeanor, only about felonies and I have never had anything against me before. If I'm faced with such a question I would tell them the truth, there's no question about that, therefore, does it matter that the record indicates that there was a misdemeanor and it was dismissed as opposed to a guilty plead to a misdemeanor.
 
S

seniorjudge

Guest
I can't figure out how to hide stuff from my wife, much less the FBI!
 
S

seniorjudge

Guest
teddy_86 said:
does it matter that the record indicates that there was a misdemeanor and it was dismissed as opposed to a guilty plead to a misdemeanor.
Will you have to plead guilty before you can go to a diversion program?

I think a very simple answer to your question is to tell the FBI what happened...they will decide if it matters.
 
S

seniorjudge

Guest
teddy_86 said:
If I do the diversion program I will not have to plead guilty, it will be no contest.
A no contest plea (usually) means that you admit that the prosecution has enough evidence to convict you if the case goes to trial.

As I said, spill your guts to the FBI.
 

teddy_86

Junior Member
What is an infraction?

So my date in court finally happened, I wanted to ask the judge about the diversion program, but as I was trying to pose my question, the judge explained to me that I had not been charged with a misdemeanor but with an infraction. What is the difference?
 

bardunatorio

Junior Member
Teddy 86, how did you get it changed from a misdemeanor to an infraction? An infraction is what I've been trying to change the misdemeanor to, but the courts said that there is no way and I have to appear in court to see what the DA has to say. If you don't mind me asking, how much did it cost you all in all for the infraction and court fees?
 

CdwJava

Senior Member
teddy_86 said:
So my date in court finally happened, I wanted to ask the judge about the diversion program, but as I was trying to pose my question, the judge explained to me that I had not been charged with a misdemeanor but with an infraction. What is the difference?
In CA petty theft (PC 488) is a misdemeanor. There is a process by which they can reduce an offense ... I believe it's called a 17b4 motion ... but I have never seen it done for petty theft.

Technically, a misdemeanor can be punishable by a fine and/or up to a year in county jail. An infraction is an offense punishable only by a fine.

- Carl
 

teddy_86

Junior Member
I did not request anything

I appeared in court and was prepared to plead guilty to the misdemeanor charge, the person who had been checking at the DA's office if my name was in the system, had explained to me, that if my name wasn't in the system it meant that the DA had not pressed charges against me. Eventually when my name did show up, the same person told me, you have been charged so you have to appear before the judge. So I did, I did not have an attorney, the judge read the charge, he said, I'm sure now after that fact, that he read that I had been charged with an infraction which was punishable with a fine, he asked me if I could pay it that day. I said yes. Then, because he didn't mentioned anything about the diversion program, I said to him, by paying this fine, does this mean that I now have a conviction on my record? That's when he said to me, you were not charged with a misdemeanor, but with an infraction; he used some legal term that I didn't understand, but my take on it was that he said the infraction did not have the consequences of the misdemeanor. He warned me about any future problems, he said, if you do commit another violation the DA will look at this infraction and may decide to charge you with a misdemeanor.

What I need to understand is, what's on my record now?
 

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