Legal Question in Criminal Law in California

The court will ask you if you want a lawyer (probably a public defender) appointed to represent you at public expense. You should say yes.

Your first court date is called the arraignment. You will be formally advised of the charges against you. If you cannot afford to hire your own attorney, ask the judge to appoint the Public Defender to represent you.

The District Attorney will decide what charges to file. Commercial burglary is entering a store with intent to commit theft. It is a wobbler, which means it can be charged as a felony or misdemeanor. The DA may decide to file the burglary as a misdemeanor, or to file a lesser charge like petty theft.

Given your lack of record, the small amount of merchandise and your OR status, there's a good chance the DA will file this case as a misdemeanor, though no guarantee.

The difference between a commercial burglary and a petty theft is two-fold: first a petty theft (without priors) can only be charged as a misdemeanor. Second, the burglary charge requires proof that you entered the store with the intent to steal something. Typically, they prove this through the defendant's incriminating statement admitting to such. However, they can prove it through any circumstantial evidence that supports a finding of preplanning.

In either case, you should keep in mind that if you plead to a theft-related case AND get credit for even 1 day in jail, they will be able to use the misdemeanor conviction to enhance any future petty theft case. In other words, if you shoplift in the future they'll be able to file it as a felony - petty with a prior Penal Code 666/484. If possible, try to get your lawyer to resolve this without credit for jail time.

Good luck,

Deirdre