Legal Question in Criminal Law in California

shoplifting

Please help. I was arrested for shoplifting (under 50.00) and put in a plea of not guilty. I go to trial (?) in 3 weeks. I have a lawyer. (He says to relax but is very vague.) What can I expect to happen? I have nothing else on my record. ** The loss prevention guy says that he has seen me in the store before and was ''waiting to bust me''.

I am worried about him. Will he be at my trial? Will his words hold a lot of weight? Thank you in advance. Lisa


Asked on 2/19/04, 7:48 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: shoplifting

Somebody who can tie you to the crime will have to testify against you, and the loss prevention officer seems likely to be the one who will do this. So yes, you should expect him to be there.

Whether he wanted to arrest you previously doesn't matter, but whether he saw you casing the store would be relevant because it would help show intent. You should be prepared to hear him testify about this.

The crime with which you are charged does not relate to the prior occasions when he was suspicious of you, so you won't be convicted on those instances. But the judge will have some discretion in selecting your sentence, and if she believes you make a habit of shoplifting she may punish you more severely than if she believes this was a one-time event. The loss prevention officer's testimony may sway her on this point.

Since you have a clean record, you risk only a misdemeanor conviction. This can still involve some jail time, but probably won't. You should expect probation, fines and community service instead (think Winona Ryder). If you are convicted of a second minor theft in the future, that case will be a felony and the punishment will be much more severe.

Good luck.

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Answered on 2/19/04, 8:08 pm


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