Legal Question in Criminal Law in California

Re: Misdemeanor Charges-shoplifting

Retained attorneys will spend more time on your case than a public defender and are thus more effective. The evidence against you will be disclosed and an assessment of probablility of a not guilty verdict will be assessed. Please call me directly at (619) 222-3504.

Re: Misdemeanor Charges-shoplifting

>I wrote you before, but now I'll answer 3 of your questions.

>

> >Should I hire an attorney?

>

>Yes, you should hire an attorney.

>

> >The police said that it is likely that the case

> >could be dropped.

>

>Never take legal advice about your criminal case from a cop. This decision

>isn't up to them and they know that it is not likely to happen, but they tell

>you whatever they want you to hear so that you'll stay calm and do whatever

>it is they want you to do. They're trained to do that. Don't believe it.

>

> >If charged with a crime-does one automatically get a criminal

> >record or do u have to wait for when u are convicted in court?

>

>When you were cited, you were arrested, and even though you weren't "booked,"

>you will probably (it varies) have a record of an arrest. If you are

>convicted, another entry (showing the conviction) will be added to your

>criminal record, known as the "rap" sheet. Good luck.

>

>Steven Mandell

>Attorney at Law

>Santa Monica, CA

>310 393 0639

>[email protected]

Re: Misdemeanor Charges-shoplifting

Assuming that you don't have a defensable case, and that's a big assumption, you'll be offered a small fine to induce a guilty plea to a misdemeanor. The D. A.s used to offer a guilty plea to a charge of criminal trespass. More recently they offer pleas to the actual crime, petty theft.

The punishment will include a one or two year period of informal probation.

After you've successfully completed the probation period you can file a motion with the court to have your conviction dismissed. The provision that provided for that procedure was Penal Code Section 1203.4 or 1204.3. The code has been modified and that code section has been deleted. They added several new code sections immediately after the old code section. I believe it is there.

There are many reasons you may want to retain an attorney to help you navigate the court procedures. However, unless you have a defensible case, you should receive the same offer from the D. A. that your attorney will receive on your behalf. If you're too poor to retain your own attorney you can request the public defender.

You'll also receive notice from the store that you owe them several hundred dollars for your share of their security costs.