Legal Question in Criminal Law in California

Petty Theft Misdemeanor

I am 22 yrs old, caught stealing $30 of stuff, LP guy said it would be fine as long as I cooperated. I did, but a police officer came anyway. I got an order to appear in court. I have never done anything like this in my life. I am scared and I don't know what I should do. I was told I'm receiving a ticket, so would I need to appear at the hearing? And when I do, would my best option be to try for an infraction or take the misdemeanor to expunge? I tried looking up what the differences are, but there is no clear answer. Are infractions expungable? If not, should I take the misdemeanor and plead with the judge that I am extremely remorseful and it really was a moment of desperation. What should/can I do at this point. I have the court date for 2 months from now...I have no money for an attorney, what can I do to start the expungement. And I am currently employed, would they find out about this?


Asked on 6/11/09, 12:54 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Petty Theft Misdemeanor

Get an attorney now not later it may be able to be reduced to a misdemeanor. An attorney may appear on your behalf at the arraignment and you will only have to appear at the TRC at which time an acceptable resolution may be reached. Contact me directly.

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Answered on 6/11/09, 1:07 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Petty Theft Misdemeanor

Do not get your legal advice from store detectives or from the police. They are not your friends.

By "cooperating" you hurt your case; and you have created the great risk that you could be unemployable for the rest of your life, which is a long time. Borrow from your Mom, but do not steal, the money to hire an attorney. Do not say anything to the judge, police or district attorney, anything at all, without permission from your attorney.

Hard to say whether your current employer will find out. Better keep that job, I doubt you'll pass the background check to get another one unless you fight the case very hard using an attorney.

View the YouTube video Don't Talk To Cops.

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Answered on 6/11/09, 1:11 pm


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