Legal Question in Criminal Law in California

Does a petty theft frequently get reduced to an infraction to first timers?

I got caught swapping a tester item from a store for a new item that wasn't what I wanted I originally wanted to exchange. What I wanted was out of stock and not sure when product would be in store again. I got caught and told either way it was stealing. Item was $48. Stupid I know. I have no criiminal record and was informed could be reduced to infraction so I wouldn't have on record for possible employers to see. Is this true


Asked on 5/14/08, 5:17 pm

3 Answers from Attorneys

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

Re: Does a petty theft frequently get reduced to an infraction to first timers?

Your first criminal charge, especially for theft, should be fought tooth and nail -- you might never work again. I don't know who "told" you or who "informed" you -- if it wasn't your own lawyer, don't believe it! Borrow the money from relatives if you have to, and retain a lawyer well in advance of your court date.

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Answered on 5/14/08, 5:20 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Does a petty theft frequently get reduced to an infraction to first timers?

Some jurisdictions have what's called a Diversion program whereby if you successfully complete the program, the charge can be dismissed. I haven't heard about the charge being reduced to an infraction, though.

Go to court for your first appearance and see what they offer. If the offer isn't very good, tell them you want a continuance to retain counsel.

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Answered on 5/14/08, 5:33 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Does a petty theft frequently get reduced to an infraction to first timers?

Yes, first time petty theft under $50 is reducable to an infraction. Theoretically speaking, an infraction is not considered a crime and is supposed to be treated differently and not be discoverable by employers. Practically however, you just never know and chances are sooner or later such conviction will hurt you especially because it it for theft. Employers have gotten more sophisticated in finding everything about their applicants no matter what the law says they can or cannot do.

You should fight this case. Insist on being given a diversion where you take some classes, write some essays and the case will eventually be dismissed.

Feel free to contact me directly.

Jacek W. Lentz, Esq.

www.lentzlawfirm.com

310.273.1361

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Answered on 5/15/08, 4:22 pm


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