Petty Theft (CA - Frys Electronics)

[dave33]

Every district is different. Some p.d.'s are good and some are not. Sometimesw the judge treats p.d.'s with very little respect,other times the situation is different.I personally usually advocate for a paid attorney. I would say in this situation,hold off on hiring a lawyer. Go to the 1st court date,see what happens. As garrula pointed out.this seems like a generic case. It also seems like that court has almost become industrialized. If the p.d. can get you a deal that is acceptable than take it, if not than stand by your not guilty plea and a new court date will be set, in between find yourself a lawyer. I am fairly confident that you will get a quick court education and will realize fairly quickly what route is more suitable for you. goodluck.Dave

 

[the_peanutman]

Every district is different. Some p.d.'s are good and some are not. Sometimesw the judge treats p.d.'s with very little respect,other times the situation is different.I personally usually advocate for a paid attorney. I would say in this situation,hold off on hiring a lawyer. Go to the 1st court date,see what happens. As garrula pointed out.this seems like a generic case. It also seems like that court has almost become industrialized. If the p.d. can get you a deal that is acceptable than take it, if not than stand by your not guilty plea and a new court date will be set, in between find yourself a lawyer. I am fairly confident that you will get a quick court education and will realize fairly quickly what route is more suitable for you. goodluck.Dave

Awesome, thank you for the support. I suppose there is only so you guys can forecast up until the point when I attend the actual first date of court. If anyone is interested, I'll keep people posted on any progress as they surface.

@ Charlotte, that is a relevant distinction. I've never gone so far as to ask too thoroughly the financial status of my parents (who I am currently dependent on), but we'll let the court decide on my qualification for a PD.

Again, thank you guys for all of the help. Any further comments or suggestions are always welcomed.

 

[>Charlotte<]

If you're really nervous about this you can always go sit in on a session before your court date. That will give you a chance to observe the process, see who's talking to the PD and how he works (although it might be a different PD for your date), and just see how everything plays out so it won't be so foreign to you when it's your turn.

Your county might even post the dockets online in advance (mine does, but I'm not in CA) so you can pick a day when there are cases similar to yours.

Good luck.

 

[the_peanutman]

If you're really nervous about this you can always go sit in on a session before your court date. That will give you a chance to observe the process, see who's talking to the PD and how he works (although it might be a different PD for your date), and just see how everything plays out so it won't be so foreign to you when it's your turn.

Your county might even post the dockets online in advance (mine does, but I'm not in CA) so you can pick a day when there are cases similar to yours.

Good luck.

Oh? Are we actually allowed to sit in on other court hearings? I always thought this was closed to the public. Too much television I suppose.

 

[Isis1]

Oh? Are we actually allowed to sit in on other court hearings? I always thought this was closed to the public. Too much television I suppose.

some courts do, some don't.

i always loved sitting in on cases (i'm a sad little person). criminal and family alike. it educates yourself, you get aquainted with the judges, the bailiffs. not schmoozing, but you see what they put up with and what they don't.

 

[>Charlotte<]

Oh? Are we actually allowed to sit in on other court hearings? I always thought this was closed to the public. Too much television I suppose.

It depends. You might not be able to sit in on any kind of Family Court proceedings, for instance (in my city, domestic violence cases are heard in a separate courtroom and men and women are even segregated to different sides of the room), but something like this shouldn't be a problem.

* And I just noticed that Isis says s/he observed family court, so I guess even that depends on where you are.

 

[the_peanutman]

Hm..

So I've been debating for the past few days whether I should write a letter of apology to Fry's Electronics.

Would anyone strongly advise against this? I highly doubt this would in any way abate my sentence, but it's simply something I feel obligated to do because of my actions.

Opinions?

 

[HighwayMan]

Sounds silly. Don't put anything in writing.

 

[FlyingRon]

Except for some of the juvenile and family court proceedings, most around here are public. Dress nice and behave your self (some judges take issue to people reading or taking notes). The most I've ever had when observing court sessions was a bailiff inquiring if I had anything on the docket as they try to keep things organized (and the court house here has about twenty court rooms and they try to help people who may be sitting around in one while their case is really being heard in another).

 

[>Charlotte<]

No, don't write a letter of apology.

You seem to have a really good attitude about all this. You take responsibility, you're not making lame excuses, you're not belligerant or whiny, you even took a hit from one of the posters here with humility. And that's great, that attitude will probably benefit you. But you don't need to be quite so contrite. You sound like you're one step away from volunteering to help them file the paperwork against you.

 

[the_peanutman]

No, don't write a letter of apology.

You seem to have a really good attitude about all this. You take responsibility, you're not making lame excuses, you're not belligerant or whiny, you even took a hit from one of the posters here with humility. And that's great, that attitude will probably benefit you. But you don't need to be quite so contrite. You sound like you're one step away from volunteering to help them file the paperwork against you.

Ahh.. good thing I consulted you guys before actually submitting a letter. Dually noted, I suppose I'll refrain from writing that apology note after all.

Haha, I can see how it might seem as though I am almost willing to condemn myself under this ordeal. I think it is simply because such an incident has never happened to me before, and I am still shocked by the reality of the situation. But everyone's advice here has been very comforting and supportive, and I truly am grateful for everyone's help.

 

[donkort]

No Criminal Record

Correct me if I'm wrong, experts out there:

but I would advice the OP to avoid, at all costs, pleading guilty to the misdemeanor (petit or petty larceny). A misdemeanor record, for all intents and purposes, disqualifies one from a government job. It also makes it difficult to obtain a mortgage or an apartment, among many other things.

I'm in New York City. In New York City, with cases like these, where this is the defendant's first offense, they offer what is known as an ACD (adjourment in contemplation of dismissal). That means "stay out of trouble for 6 months, and your case will be dismissed and sealed (erased from the public record)." I don't know if they offer something like this in your state--but it's a great idea to attend court proceedings (especially, in your case, an arraignment part) so you could observe what happens to first-time offenders.

I'm glad you feel bad for what you did--and will have learned your lesson. I had to learn mine, too.

 

[the_peanutman]

Correct me if I'm wrong, experts out there:

but I would advice the OP to avoid, at all costs, pleading guilty to the misdemeanor (petit or petty larceny). A misdemeanor record, for all intents and purposes, disqualifies one from a government job. It also makes it difficult to obtain a mortgage or an apartment, among many other things.

I'm in New York City. In New York City, with cases like these, where this is the defendant's first offense, they offer what is known as an ACD (adjourment in contemplation of dismissal). That means "stay out of trouble for 6 months, and your case will be dismissed and sealed (erased from the public record)." I don't know if they offer something like this in your state--but it's a great idea to attend court proceedings (especially, in your case, an arraignment part) so you could observe what happens to first-time offenders.

I'm glad you feel bad for what you did--and will have learned your lesson. I had to learn mine, too.

Hey donkort, thank you for the heads up. I would actually be grateful if the judge was to offer an ACD. I am absolutely positive I will never commit a crime or perform any inappropriate behavior that will place me in this position ever again. Like you, I have learned my lesson.

On that note, does anyone know whether California courts have the possibility of administering an ACD ruling?

Hm, it would seem California doesn't have a program called ACD, but do have alternatives similar. Has anyone had any experiences, or know a little something, about these alternative rulings?

Thanks!

 

[the_peanutman]

Hey donkort, thank you for the heads up. I would actually be grateful if the judge was to offer an ACD. I am absolutely positive I will never commit a crime or perform any inappropriate behavior that will place me in this position ever again. Like you, I have learned my lesson.

On that note, does anyone know whether California courts have the possibility of administering an ACD ruling?

Hm, it would seem California doesn't have a program called ACD, but do have alternatives similar. Has anyone had any experiences, or know a little something, about these alternative rulings?

Thanks!

Bump.

Does anyone have any input on the following question?

I appreciate all the help

 

[the_peanutman]

Hey guys,

So here's an update on the situation. I finally came clean to my parents, who then gave me a number to a very reliable lawyer in the local area. I told him the specifics of the case, and coincidentally, he was handling another case at the very same courthouse, so he told me he would talk to a supervisor (of the DA? I didn't quite catch the position, but sounded like someone very high up) about the case. After a day or so, I received a call from the lawyer, and he told me he was able to negotiate with the supervisor to reduce the misdemeanor charge down to an infraction, and pay a once time fee, no booking. The lawyer the infraction would fall under the code PC490. Now I don't have a background in criminal law, but it sounds like I was given a lucky break.

My question is, would this infraction charge show up under an employment background check? I'm actually hoping to graduate this year and apply for a job at a local computer networking company.

Thank you for all of the help everyone.