California - 488 Petty Theft - 1st time offender

What is the name of your state? CA, California

Hello,

I was caught by Costco security for stealing a $35 item. I was taken back to the office and they called the police. He put me in handcuffs and took me back to his car, but I was not booked; the police officer gave me a ticket with 488 P.C. -- Petty Theft and with Misdemeanor circled. I'm a 20 year old male.

I'm a first time offender with a clean record. I'm really freaking out -- should I consult a lawyer? How do I get this off my record? Is there any way to mark it down to an infraction or get it erased? The police officer said that I need to go to the court on 3/2/2006 and they will decide whether or not I go to jail. I'm a university student and I can't afford a criminal record or jail time.

What should I do? What are the possible outcomes for this crime?

Thank you.

I just talked to an attorney; he said for my crime I should just go in by myself and ask for a diversion. If not, ask for another week to get a lawyer.

Any other suggestions? An attorney told me that they had been able to "negotiate with the DA and have the charges dropped" before in other cases. Is this possible, or is she just trying to make some money off of me?

The offense could be dropped to an infraction (punishable by a fine only) of PC 490.1 ... provided you do not have any priors.

An attorney would do the best job for you. if you cannot afford your own attorney, ask for a public defender at arraignment.

- Carl

Yes, that's what the PD said when I spoke with him. Although, I've heard that it might not be possible to get DA diversion for that.