Shoplifting Misdemeanor

[kayplust]

What is the name of your state (only U.S. law)? California
My question involves criminal law for the state of: California

I have taken some underwear, a vest and earings from a Kohl's Department store. I dont know what I was thinking and am now just Im full of guilt and remorse for my lapse in judgement.
I was taken to the back room and filled out the paper work, my picture was taken and I signed the understanding about not being allowed back on the premises. They have it on camera and have the Loss Prevention as witness.
The police came and checked my background to see if i had any prior arrest or convictions (which i don't). I was given a citation for petty theft, a misdemeanor.

I am now honestly worried to the core about how this will effect my current life and future career goals.

I fully plan to pay for the damage to merchandise I caused to Kohl's; the total I believe being about under $100, they never specified to me the exact amount. My court date has not been set yet and I am unsure of what to do for myself when it comes up. The officer said there was a possibility for anything between community service, going to jail or other. I dont have the money for an attorney and am unexperience with any dealing with the law, this being my first and last arrest.
Doing some reading on other advice I've seen the possibility if the misdemeanor being reduced to an infraction which would not show up in background checks. I wanted to get advice on what to do. I am terrified of the thought of going to jail or being fingerprinted for what I have done.

What would it be best for me to plead in my case? Can I get it lowered to infraction or expunged?
Would it be best to speak to my arresting officer before the case? See there advice ?

Please let me know what to do. I am so worried. I dont want to jeopardize my future over this stupid mistake.

 

[Antigone*]

What is the name of your state (only U.S. law)? California
My question involves criminal law for the state of: California

I have taken some underwear, a vest and earings from a Kohl's Department store. I dont know what I was thinking and am now just Im full of guilt and remorse for my lapse in judgement.
I was taken to the back room and filled out the paper work, my picture was taken and I signed the understanding about not being allowed back on the premises. They have it on camera and have the Loss Prevention as witness.
The police came and checked my background to see if i had any prior arrest or convictions (which i don't). I was given a citation for petty theft, a misdemeanor.

I am now honestly worried to the core about how this will effect my current life and future career goals.

I fully plan to pay for the damage to merchandise I caused to Kohl's; the total I believe being about under $100, they never specified to me the exact amount. My court date has not been set yet and I am unsure of what to do for myself when it comes up. The officer said there was a possibility for anything between community service, going to jail or other. I dont have the money for an attorney and am unexperience with any dealing with the law, this being my first and last arrest.
Doing some reading on other advice I've seen the possibility if the misdemeanor being reduced to an infraction which would not show up in background checks. I wanted to get advice on what to do. I am terrified of the thought of going to jail or being fingerprinted for what I have done.

What would it be best for me to plead in my case? Can I get it lowered to infraction or expunged?
Would it be best to speak to my arresting officer before the case? See there advice ?

Please let me know what to do. I am so worried. I dont want to jeopardize my future over this stupid mistake.

Well honey, you can stop worrying because you've already jeopardized your future over this stupid mistake. If you can't afford an attorney, you'll have a public defender appointed to hear your case. You'd be much better prepared if you hired your own attorney.

Be ready to fork over dearly for the items you stole. Expect a civil demand which should be at least a few hundred dollars. You'd be better served to pay that right away. This is going to be in addition to whatever fines the court may impose.

 

[FlyingRon]

I fully plan to pay for the damage to merchandise I caused to Kohl's; the total I believe being about under $100, they never specified to me the exact amount.

Expect it to be three times what the actual price of the merchandise is.

There is little chance that you WILL NOT be fingerprinted, not that that is a big thing.

At your first hearing, if you are truly indigent and unable rather than just unwilling to pay for a lawyer, you can request a public defender. There are a number of legal possibilities that might help you.

Plead "not guilty" until a lawyer explains to you the implications or reason to do otherwise.

 

[ih8idiots]

You don't say how old you are but I'll go with the assumption that you're an adult since you're concerned about a career. Assuming this, section (C) in the following link would apply to you:

California Penal Code Section 490.5 - California Attorney Resources - California Laws

Basically you're subject to a fine (most likely to be small if you have a clean record and no priors) or some community service time. You'll probably have to pay court costs also, but depending on if you damaged the merchandise or not you may not have to pay for that. As long as it's undamaged and still in "merchantable" condition you could be off the hook for those costs.

As far as a career being affected, most companies don't worry too much about minor misdemeanors like this. Nobody is perfect, and most places only care about felonies.

Either way, it's probably not worth paying for an attorney out of your pocket if they decide that you make enough to not be appointed a public defender.

If you do go back and get it expunged from your record the only types of careers you would still have to admit to it would be applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.), or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction) also the same applies for applications to become a police officer.

 

[FlyingRon]

Basically you're subject to a fine (most likely to be small if you have a clean record and no priors) or some community service time.

You better read that again, while it's unlikely, the possibility exists of up to six months of jail time.

You'll probably have to pay court costs also, but depending on if you damaged the merchandise or not you may not have to pay for that. As long as it's undamaged and still in "merchantable" condition you could be off the hook for those costs.

That's only the criminal sanctions. The store can also pursue a civil redress for the theft.

As far as a career being affected, most companies don't worry too much about minor misdemeanors like this. Nobody is perfect, and most places only care about felonies.

California doesn't have "minor" misdemeanors, just misdemeanors. It will have to be admitted to and explained (if you get the chance) on job applications forever. Certain occupations such as retail operations and banking are certainly going to take a dim view of such records.

Either way, it's probably not worth paying for an attorney out of your pocket if they decide that you make enough to not be appointed a public defender.

If under $100 is also under $50, it's worth trying to get this charged as an infraction to avoid a criminal record.

While expunction is possible in California, it's best not to get the criminal record to begin with.

 

[ih8idiots]

While it is possible to face a maximum of up to 6 months in jail that doesn't mean it's going to or is even likely to happen for a 1st offense if op has a clean record especially considering the relatively small value of the items in question.

While it is possible for Kohl's to file a civil suit it is unlikely since the retail cost of the goods was so little. Especially if they are still in marketable condition. If they're in marketable condition still Kohl's faces no loss of revenue on the items so would have very little to sue for.

Of course some jobs are going to look at this if it is related to the type of work you're applying for, I said MOST not all companies would not take it into consideration when you apply for a position.

 

[FlyingRon]

While it is possible for Kohl's to file a civil suit it is unlikely since the retail cost of the goods was so little. Especially if they are still in marketable condition. If they're in marketable condition still Kohl's faces no loss of revenue on the items so would have very little to sue for.

THis is where you are sadly mistaken. It is not only likely, it is quote probable. They do not have to show loss of revenue. The fact that the OP stole them (and it matters not that they are returned in perfect condition) allows them to pursue the damages for the costs incurred in prosecuting and defending themselves from the loss that this criminal activity costs them severely.

And as for how bad a criminal record would hurt you? Unless you are a stellar applicant head and shoulders above the rest, that black mark, even if you explain it, is going to drop you a couple of tiers in the applicant pool. Believe you me, I got through tons of applications and resumes as the Vice President of a company.

 

[ih8idiots]

So Kohls is going to have their in house lawyers file a civil suit for less than $100 in damages and seek punitive damages? I really don't see that as being likely. Even if they can claim all the merchandise that the op intended to steal why would they bother? Those are the only apparent damages they could claim. I don't exactly see the op getting slapped with a high amount of punitive damages that would make it worth their while. The company and/or their employees didn't suffer any mental or physical anguish, there was no mention of property damage done to the store or property.... Realistically what do you expect them to file suit for since you're of the opinion that they most likely will?

As for companies dropping the op a couple tiers in the application pool due to this, as I said before MOST companies don't even ask you about misdemeanors just felonies. If the company you work for does, good for them but MOST companies don't ask you to disclose misdemeanors when applying. Yes it can and probably will come up in a background check but again, if a company was worried about misdemeanors they would ask you about it on the application as they clearly do about felonies. Basing that on the company you work for is small minded, not all companies are run the same or use the same application process as the one you work for.

 

[Antigone*]

So Kohls is going to have their in house lawyers file a civil suit for less than $100 in damages and seek punitive damages? I really don't see that as being likely. Even if they can claim all the merchandise that the op intended to steal why would they bother? Those are the only apparent damages they could claim. I don't exactly see the op getting slapped with a high amount of punitive damages that would make it worth their while. The company and/or their employees didn't suffer any mental or physical anguish, there was no mention of property damage done to the store or property.... Realistically what do you expect them to file suit for since you're of the opinion that they most likely will?

As for companies dropping the op a couple tiers in the application pool due to this, as I said before MOST companies don't even ask you about misdemeanors just felonies. If the company you work for does, good for them but MOST companies don't ask you to disclose misdemeanors when applying. Yes it can and probably will come up in a background check but again, if a company was worried about misdemeanors they would ask you about it on the application as they clearly do about felonies. Basing that on the company you work for is small minded, not all companies are run the same or use the same application process as the one you work for.

Small minded ~ pot meet kettle

You have not indicated where you are hater, but you're obviously not in California.

 

[FlyingRon]

Who said squat about punitive damages? This is entirely compensatory. What you fail to get through your head is that their actual damages to have sociopathic thieves trying to make off with things form their store is limited to the actual value of the merchandise that they don't recover.

I guarantee that he will received a civil demand letter for three times the purchase price of the merchandise. This is standard in all the large retail chains when they deal with such criminals. Whether they'll pursue it or not in court is something the original poster can roll the dice on, but I guarantee them it will be a SLAM DUNK (especially in light of a criminal conviction on the same) for a common pleas judge to give them not only what was in the original civil demand plus their LEGAL COSTS in pursuing the action in court.

Do you actually have any real or practical knowledge or do you just sit back in your armchair and spout nonsense to give people a false sense of security?

 

[ih8idiots]

Small minded ~ pot meet kettle

You have not indicated where you are hater, but you're obviously not in California.

I'm in Ohio, and nowhere did I state that it will or won't affect his applications for sure. FlyingRon is stating that no matter what it will affect his chances for a job. I am simply stating that not all companies do take misdemeanors into consideration. I'm not just basing it on 1 company and stating that well my company does this so it will affect you at any other company you apply for. Yes it should be something that he is prepared to face when applying at some companies but by no means does this mean he's screwed when applying for a job.

I guarantee that he will received a civil demand letter for three times the purchase price of the merchandise. This is standard in all the large retail chains when they deal with such criminals.

Do you actually have any real or practical knowledge or do you just sit back in your armchair and spout nonsense to give people a false sense of security?

I have been charged with the same offense as the op twice (once in CA), not something I'm proud of but I freely admit to. Both times involved "large retail chains", larger than kohl's by far. Neither time was I sent a civil demand letter, or did I have civil charges filed against me even though my attempted thefts were of a higher dollar amount than the op's, so it is far from guaranteed as you claim.

 

[FlyingRon]

I have been charged with the same offense as the op twice (once in CA), not something I'm proud of but I freely admit to. Both times involved "large retail chains", larger than kohl's by far. Neither time was I sent a civil demand letter, or did I have civil charges filed against me even though my attempted thefts were of a higher dollar amount than the op's, so it is far from guaranteed as you claim.

You can't take your limited experience and state it is universally true. Actually, if you google "Kohl's" and "civil demand" you'll find that they very much do pursue the civil redress for shoplifting.

 

[kayplust]

I was told I would be sent a civil demand. and will pay it when it comes. I am going to go to court after that is hopefully all paid for so I can say that that is retributed when I go to arraignment.
The type of career I am in school for is medical tech or nurse. But as I am in school I need smaller jobs in possibly retail or customer service/admin until that point.

Why would 6 months in jail be a possibilty when many many people getting DUI's dont even go to court and just pay a fine? Im confused why my case would be so much more severe.

 

[Antigone*]

I was told I would be sent a civil demand. and will pay it when it comes. I am going to go to court after that is hopefully all paid for so I can say that that is retributed when I go to arraignment.
The type of career I am in school for is medical tech or nurse. But as I am in school I need smaller jobs in possibly retail or customer service/admin until that point.

Why would 6 months in jail be a possibilty when many many people getting DUI's dont even go to court and just pay a fine? Im confused why my case would be so much more severe.

You can kiss any hopes for a job in retail goodbye. Sign twirler maybe

 

[kayplust]

I want nothing but advice please and thank you, not someone getting a pleasure of mocking my situation.

Does anyone know of the possibilities of diversion program or accelerated rehabilitation? Would I do this before misdemeanor arraignment? would I contact a public defender or maybe our schools student defender?