Legal Question in Criminal Law in California

Re: shoplifting 490.5

Can it? Sure.

Will it? Depends on the effectiveness of your attorney and the facts, defenses and mitigating factors he has to work with.

Re: shoplifting 490.5

Theoretically yes, if you have a good lawyer and the right facts. Don't expect it to happen automatically.

Re: shoplifting 490.5

Yes. It is a theft offense, however, and some counties, such as Contra Costa, have diversion programs for petty thefts. In a diversion program you take a class and stay out of trouble and then your case is dismissed without ever a conviction of anything. Because this offense is a theft offense, a conviction of this can have consequences beyond the sentence in the future. If you aren't a citizen of the United States it have an effect and it is a "priorable" offense. The offense becomes priorable if you have the conviction as a misdemeanor and serve or stipulate to one day in the county jail. If you pick another theft offense, no matter how small, in the future it can be charged as a felony.

One more consideration for an infraction, it cannot be expunged from your record as a misdemeanor can.

I hope that answered your questions. Good luck,

Elena