Legal Question in Criminal Law in California

If someone got a citation for attempted petty theft only because for about a minute they put the book in their jacket but took it out shortly after and is at the register holding the book, talking to the cashier about general questions, what is expected? The court date is in one month. No prior convictions. Is jail time common for attempted petty theft charge? How exactly do they prove their innocence? They will talk to an attorney soon to hire one, but need more tip and advice on this type of case. The person never went through this before. Just two days prior to this incident, the person actually went into the same store to buy the same book, even paid, (I have the receipts as proof) but the transaction was unsuccessful because the cash register had an issue and he was asked to come back the next day to buy the book. Proof this person has that he was going to buy the book is:he had full enough cash on him, he has testimony of people that he is NOT like that. Someone just made a false suspicion on him. He never left the premises, he was right there openly in front of the cash register with the book, yet the police still came and was first going to arrest him based on suspicion, but then they saw proof that he had cash, and he was asked to buy the book for a friend (me) so instead they gave him a citation of attempted petty theft. I don't want him to suffer for this. Please, please HELP. I am restless, and I feel so guilty for making him go there to buy my book, and instead he is in a big mess now out of a huge misunderstanding. I just want him to be safe and come clean, and have no charges. Anything else is fine, paying fines, community service. etc. But not jail time, etc.


Asked on 1/11/14, 2:14 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

On those facts, don't plead guilty. Get an experienced lawyer, to fight to get the charges dropped. While one may be guilty, once they take an item, with the intent to permanently deprive, your facts scream for a dismissal. After doing criminal law for 25 years, I think you should try to get this case dropped. I wish you well...........David

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Answered on 1/11/14, 2:42 pm
Joe Dane Law Office of Joe Dane

I know you've posted this scenario elsewhere online.

I'm still concerned that you're focused on the short term punishment ("just not jail time"), when in reality the long term consequences of a theft (or attempted theft) can be huge.

Your facts line up to be what sounds like a weak, if not unproveable, case for the DA.

Get a lawyer.

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Answered on 1/11/14, 3:40 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with my colleagues. Assuming the facts are as you say, this might not be charged and if it is charged it must be fought. From your zip code, I assume the case is in Freemont. I have handled any number of cases in Freemont and Alameda County. You or your friend can call me at 415-336-7534 if you are serious about hiring an attorney.

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Answered on 1/11/14, 10:46 pm


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