Legal Question in Criminal Law in California

Citation for Penal Code 490.5

My 18 yr old got caught taking 172.00 worth of goods from target. Police issued notice to appear in court. 1st time offense, with another friend. Target said they will be sending a fine and the police officer said to go to court and pay fine. Is this petty theft and will she be prosecuted? She didn't run she had the money to pay it was a stupid mistake on her behalf. Do I need to get her a lawyer?


Asked on 6/24/08, 11:10 pm

2 Answers from Attorneys

Roland Perez Perez & Perez

Re: Citation for Penal Code 490.5

Yes you should hire an attorney if you can affoard one, sounds like there may be a defense.

The fine to target is a civil matter and should be paid to avoid other actions and you should make the criminal court aware of the payment to Target.

Being 18 this will be charged as a petty theft in adult court and create a criminal record if filed and plead to.

I can help if you would like my fee is $2,500 and that will cover 10 hours of work and I would expect 4 court dates prior to settle. If we go to trial then there is a seperate fee.

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Answered on 6/24/08, 11:35 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Citation for Penal Code 490.5

A guilty plea would mean a misdemeanor conviction that would become part of her permanent criminal record. Not a good result especially when there are alternatives and convictions for dishonesty and theft tend to have very harmful consequences in the future. Paying the fine might be a good idea but it would not solve the criminal matter. A good lawyer should find a way to either beat the case, plead it down to an infraction or dismiss it in exchange for a diversion or theft classes or something similar. This is a matter which could be resolved quickly for a modest fee.

Feel free to give me a call for a free consultation if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

www.lentzlawfirm.com

310.273.1361

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Answered on 6/25/08, 12:36 am


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