Legal Question in Criminal Law in California

PC 459 Commercial Burglary

My 17 year old daughter received a citation for PC 459 Commercial Burglary when she was caught stealing $42 merchandise from Macy's and she was also caught with the use of pliers. Her friend was an accomplice because she knew her friend stole and was also charged just like her. It's both their 1st offense and they now have a criminal record. They were arrested but were let go to the parents and are scheduled with a court date. The parents of the two were also given citations. Is it likely for the two minors to go to jail? What are their consequences?


Asked on 3/08/09, 4:50 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: PC 459 Commercial Burglary

The minors probably won't go to jail, but if convicted they will have criminal records and may have problems being hired that will extend far into the future. Of course it depends on the evidence, if any, against them. The store will send the parents a demand for about $500 in civil damages.

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Answered on 3/08/09, 4:56 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: PC 459 Commercial Burglary

While they might be able to avoid jail, the minors and the parents should fight to keep their criminal record as clean as possible. The strategy would be to change the burglary charge to simple shoplifting and then have it diverted away so that no permanent record is created. While no one can promise you this kind of result, it would not be impossible provided you hire a lawyer.

Feel free to contact my office for a non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/08/09, 5:39 pm


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