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2 Felonies for Shoplifting, Retail.

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Mr.EP3

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

I'm not asking for myself but for someone I know. Caught shoplifting and charged with feloney burglary and feloney grand theft. Theft over $400 in California but how do they add that up? What if it was on sale for a lower price? Do they still consider the charges at retail price? It is his first offense. Getting arrested and having to spend sometime in jail for the first time has really got him thinking and to never do it again. He has been a good person and never even got introuble in school and so on. Just turned 18 in Nov 08, hanging with idiots and Stupid enough, a bad judgement leads to this. Now my question is, Should he get an attorney or just ask for a public defender? What would be better? I know both are legal attorneys but I still am not clear. If money was not an issue, he'd have an attorney already. However, if a private one is better, he is willing to pay. Not that he is trying to fight it, but atleast avoid the harshes punishments and not to ruin the rest of his young life with felonies on record. What would you do? Thanks

*****EDIT-
We have an attorney now and his office is saying that his charges have been filed as misdemeanors, and that they will appear in court for him. Where do I go about looking that up? Thanks
 
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outonbail

Senior Member
Generally speaking, you will fair better with a private attorney.

Most of the time a public defender is loaded down with numerous cases.

While a public defender will provide legal representation, this does not translate to being provided with a tooth and nail fight to defend their client.

However, depending on what statements you made and what you may have signed when you were picked up for shoplifting, it could be that you've sealed your own fate regardless of who represents you.

As far as the value of the merchandise, I can assure you the court is not going to check and see if the items are on sale in order to determine whether you committed a felony or a misdemeanor. Whatever the price was to legally purchase the merchandise at the time it was taken, is most often what is used to determine the value.

On top of the court costs and fines you will be required to pay, you can expect the merchant to send you a civil demand letter, or bill for a few hundred dollars. You will be required to pay this as well.
 

FlyingRon

Senior Member
If he is able to pay for private counsel he probably won't qualify for a public defender. Public defenders are for those who are unable rather than unwilling to pay for private counsel.
 

Mr.EP3

Junior Member
Bump..and update, thanks

We have an attorney now and his office is saying that his charges have been filed as misdemeanors, and that they will appear in court for him. Where do I go about looking that up, since he was charged with felonies to begin with?? Thanks
 
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outonbail

Senior Member
Bump..and update, thanks

We have an attorney now and his office is saying that his charges have been filed as misdemeanors, and that they will appear in court for him. Where do I go about looking that up, since he was charged with felonies to begin with?? Thanks
What county is this case in? They may have a website where you can look up case information. Some do and some don't, so let me know what county you have to appear in and I'll see if there is a site you can use.

As far as the attorney appearing in court on your behalf, this can only happen if you signed what is referred to as a 977 (referring to PC 977) and it was filed with the court.

Is this a private attorney or a public defender? Public defenders don't usually discuss signing a 977 with their clients, but they can and should do it if you ask them. It is a good idea to always have them file one, just in case you can't make it to court one day. Without the 977, missing a court date will result in another charge for failure to appear and a bench warrant will be issued.
 

SIN EATER

Member
Yes, ... a PD can't do a 977 on the first appearance. The defendant has to fill out the financial app @ the first appearance, and after that the court will appoint the PD.

OP,
You can call the court clerk who will probably look up the case, but I believe you are ALWAYS better off appearing at all court dates.

Go to court on the date of the arraignment,
You will know then if it is a misdemeanor or felony.
Another way of telling is if you have a Preliminary Hearing scheduled (that's a felony).

Bear in mind that the D.D.A. can change the charge back to a felony (dismiss the misdemeanor & refile as a felony); if you set the case for trial, it will probably be as a felony.
 
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Mr.EP3

Junior Member
Well, we HAVE a PRIVATE attorney and their investigator found that it was filed a misdemeanors so they made him sign papers agreeing he will NOT appear in court unless otherwise insturcted by the attorney. This happened in Sacramento County, CA. Is there a website for Sac County? Either way, I'll call the attorney tomorrow before the court time to confirm.
 
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