Legal Question in Criminal Law in California
petty theft
I was stopped at walmart and asked to give up an item they thought I took. I allowed them to search my property and told them my daughter had opened the item and I placed it inside the store. They told me to show them where so when I went back and finally found it they said I had it the whole time. They insulted me whenever I said anything and so did the officer who wrote my citation. I was told I was just being fined(which I paid) and now I have a court date and I want to know if there is anything that can be done to help me. Like reviewing video tapes or am I going to be falsely convicted.
1 Answer from Attorneys
Re: petty theft
You will likely be charged with a misdemeanor by the DA. If the event happened recently, it may take them some time to actually file the charges. When they do, you will be notified by mail. In the meantime, make sure you attend the court hearing on the date they specified, just in case they actually file by that date.
Additionally, you should expect a letter from Walmart demanding $500 or so to settle their civil claim, which is separate from your criminal matter. Paying this will have no effect on your criminal case.
For best results, act now to hire an attorney to see if he can work out a civil compromise. This is where you settle the civil matter with the merchant before charges are filed, and the merchant agrees to vouch for you before the judge. The judge then orders that you cannot be prosecuted for this crime.
Best of Luck.
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