Legal Question in Criminal Law in California

legal question

I was arrested and citied for shoplifting and charged with PC484 & 490.5 this is my first offense. What kind of fine & punishment am I looking at. Should I plead no contest? Do I need to get an attorney? Please advise! Thank you!


Asked on 4/27/09, 1:20 pm

1 Answer from Attorneys

Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: legal question

Without a lawyer you are likely to get probation with credit for time served. This will seem like a good deal, but it is NOT! This is a BAD deal because 1) the conviction can be used against you as a prior to increase your charges/sentencing if arrested for theft in the future; 2) it will likely affect/limit employment opportunities; and 3) your lawyer can likely do much better than that.

Never be in a hurry to plead no contest. First, get a lawyer.

Yes, you need a lawyer. Get a good one; a bad one can do more damage than going it alone. Talk to a few (most offer free consultation) and pick the sharpest one, not the one with the biggest ego.

Depending on the value of the items you tried to steal, you can get an infraction and/or diversion. Depending on your reaction when detained, your prior record, whether they think this is your first attempt or an established pattern, and whatever else you are doing with your life, your lawyer will likely be able to negotiate for diversion and/or probation with no jail credit.

Again, you want to avoid any credit for jail time so that the offense is not priorable (i.e., can be used to increase future accusations of theft to a felony charged).

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Answered on 4/27/09, 5:37 pm


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