Legal Question in Criminal Law in California

criminal charges PC459,PC490

I shoplifted items from a craft store, The arresting officer went out to my car to get my ID returning with a bag of goods to be returned to the store. I have been bedridden ill for the past year and I had collected up misc. over supplies to return. When I left my car I grabed the wrong bag and the same clerk was working that refused my return the previous day. I was going to use the return credit for my supplies for the projects to do with my grandchildren. I shoplifted approx $150 when the arresting officer went to my car to locate my ID she returned with the bag of items to be returned and scanned all of these and added them to the amount of the items shoplifted. I explained I had been sick for a year and was returning the over bought items They said no one would believe it. They kept these. Since I left my Id in the car and the items found in my car were added to the shoplifted items, it changed it to a whole new ball game. I am diabled, my husbands business is doing horribly in this economy. We have very little money and I have no idea what I am going to do. I am so afraid of going to jail, and not being able to have an attorney to help me. What can I do?


Asked on 6/23/09, 2:08 pm

2 Answers from Attorneys

Karen Olson Attorney at Law

Re: criminal charges PC459,PC490

If you cannot afford to hire an attorney, the court will appoint a public defender to represent you. You should not enter a plea before talking to a public defender. If this is your first offense, the chances that you will be sentenced to jail is minimal. However, it is still a possibility. At your arraignment on the charges, let the court know that you want an attorney but cannot afford to hire one yourself. As soon as you are appointed a public defender, contact him/her and schedule an appoint to go to his/her office and talk to them about your case.

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Answered on 6/23/09, 2:16 pm
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: criminal charges PC459,PC490

Do NOT make admissions (on or off line). California can subpoena LawGuru and find out (or confirm) who you are. Your post is not attorney-client privileged. You have a right to remain silent. Anything you say can and will be used against you. Know your rights and be more careful.

Review some good criminal law books at your local library or bookstore ("Busted by the Feds" is good, even though this is not a federal case). Good luck; be good; stay strong.

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Answered on 6/23/09, 2:41 pm


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