Legal Question in Criminal Law in California

About a month or so ago, I was caught 'shoplifting a $55 eye cream at sephora. i entered the sotre to do a couple returns. Although, it wasnt my intent to steal at first, i did. however, i soon decided i wasnt going to and was gonna take it out and put it somewhere after i was done getting makeup done. while we were almost done, my 3 year old son who was with me, had to go pee really bad. i asked where the nearest restroom was, and she told me on the second floor. I was panicky because i didnt want my son to pee in his pants, but at the same time I had 2 products i wanted to purchase. trying to save time, i took a chance and quickly purchased it and went on my way to the elevators. as im standing at the elevator, a guy startles me and with hostility demands "i work at sephora, and i want my item back!" this is around people and im completely embarrassed and confused. "i dont understand what you are saying. what are you talking about?" i ask. He says "oh, you know exactly what im talking about" Took me a long 2 seconds to realize omg the eye cream that i meant to put back. horrified i retreived it out of my purse and handed it to him. he says 'youre coming with me" i follow him. the whole entire time he is belittling me. i dont remember what, it was dazy, i know i just felt so horrible. i even tell him "i will do whatever you ask. please do not yell at me in front of my son." he takes me to the back room, searches my purse, and starts interrogating me while he has a female worker to witness it. he asks me why i did it. i tell him "i completely forgot. i meant to put it back." after going back and forth on this, frustrated, he then tells me "look, i need an answer from you. if you dont tell me what i wanna hear (basically), you are going to jail." scared for my me and my son, i recall making a few things up in hopes he was satisfied and would release me. that wasnt the case i suppose, because eventually a cop came, telling me i was under arrest and told me my rights. even knowing i couldve plead the 5th i tried explaining to him that it was all a misunderstanding. the officer seemed to understand and told me it really wasnt up to him what happens to me but it was sephoras call. the lp guy, has me sign a civil demand letter and the officer has me sign a notice to appear.and what seemed to be forever was released shortly thereafter. the officer told me to make sure i come by the brea pd and get fingerprinted since he wasnt taking me to jail that night. and also told me 'look this wasnt the crime of the century, be calm, and just try and explain to the judge" Well fine, that wouldnt be a problem to do. but these 2 questions are bothering me that i need answered. one: should i go or need to go and get fingerprinted? and 2nd: this isnt my first time in trouble with the law. around 2003-2005 i was heavily into meth and did stupid things to support my habit. i have 3 arrest records. all misdemeanors. i have been clean and for a very long time and this was not drug related. will i be punished for past offences?? one was for possesion, and two others were for commercial burglery. please give me advice on what i have to do, who i need to see, in order for the judge to let this slide. i really feel horrible for what happened. i was living a normal happy life, then this happened. i dont blame anyone but me. i beat myself up in the head daily. i was to enroll in nursing school next year, and fear this incident will prevent me from pursuing my career. please help!!!


Asked on 9/03/10, 7:24 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would pick another career. You should have kept your mouth shut instead of confessing to the police -- or speaking to them at all. I would wait for them to give you a free ride to the police station. Make sure you have a relative who will care for your son.

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Answered on 9/08/10, 7:41 am
Terry A. Nelson Nelson & Lawless

"Help"? If serious about getting help at this late date, hire an attorney to try to do damage control. You have already 'confessed', but your attorney can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. Keep in mind you said you have 'prior[s]' convictions on your record; those will make the DA less 'friendly' to you, and may legally enhance the penalties on this case. Your attorney may try to negotiate a civil compromise with the store, if possible, to have the charges dropped. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

If the worst case scenario happens, and you are convicted or plea bargain this, then at some point in the future, you can seek expungement of that conviction. Many felony and misdemeanor convictions can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing [like nursing in your case], bonding, security clearance, etc. The agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, when you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 9/08/10, 10:23 am


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