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sunnygirl108 · Apr 5, 2011, 03:03 PM

Hello,
I am nineteen years old. So I was caught shoplifting about five days ago at a clothing store in the Orange County area of California. The items that I took amounted up to $88.58. I was brought into security and asked to sign papers and write out my reason of theft. I participated calmly and cooperatively with the security person. The security called the police and the police came. The police took my information, asked me what had happened and looked through my bag and gave me a paper telling me to appear in court in two months. Right now I am freaked out. I don't know what to do. This is my first time being arrested and I'm worried that I will go to jail. As of right now I am jobless and have been looking for a job for a couple of months. So I don't think that I will be able to hire a lawyer. I have not gotten the court summons from the police in the mail yet, and I don't know when that will come in. When I go to court should I bring a lawyer or could I go by myself? I know that if I get convicted it will go on my record, but is there any way that that could be prevented? I have searched online and there are some cases where people were able to participate in a diversion program. Whcich is like a "deal" that you could covince the prosecutor to reduce your charge. And if your case is reduced then you face a maximum $250 fine. Along with the following of having to repay the value of the merchandise stolen, complete an agreed number of community hours, or attend anti- theft classes. If I go to court and they convict me what will happen? Will I go to jail? Will I get the maximum or the minimum? This is my first theft offense so wouldn't they be a bit more lenient? I know what I did is morally wrong and I will never do it again. Ever since this has happened I haven't been able to walk into a store without feeling like everyone knows what I've done. This has really been picking at my soul. I really need help because I don't know what to do. I'm just freaked out and scared.
Thank you

JudyKayTee · Apr 5, 2011, 04:45 PM

You won't go to jail, not for this. I would expect a fine, probably probation, some type of community volunteer work and a strict lecture.

By the way, I read a lot of fear in your post. That's natural. I don't see a single "I'm sorry." That's all the Judge will care about.

Edy020 · Apr 11, 2011, 02:58 PM

You were probably charged with pettit theft (under $100). You will not go to jail on a first offense. It is usually a misdemeanor, not a felony. Relax. Yes, they will probably withhold adjudication since it is a first offense. If they withhold adjudication, it means that you are not a convicted felon. However, that being said, if an employer where to do a background check, your arrest would still show up. Remember for future reference, there is nothing in a store that is worth more than your freedom. Good luck, and God bless.

sunnygirl108 · Apr 11, 2011, 04:39 PM

What should I do when I go to court? I guess that's my main concern.

JudyKayTee · Apr 11, 2011, 04:58 PM

Originally Posted by Edy020

You were probably charged with pettit theft (under $100). You will not go to jail on a first offense. It is usually a misdemeanor, not a felony. Relax. Yes, they will probably withold adjudication since it is a first offense. If they withold adjudication, it means that you are not a convicted felon. However, that being said, if an employer where to do a background check, your arrest would still show up. Remember for future reference, there is nothing in a store that is worth more than your freedom. Good luck, and God bless.

What do you mean by withholding adjudication? Adjudication is a decision by a Judge (among other things). Are you saying that there will be no sentence or finding, that this will just go away?

JudyKayTee · Apr 11, 2011, 05:00 PM

The usual practice is for you to meet with the Assistant District Attorney assigned to that particular Court. He/she will discuss the sentence with you, anything that would make a difference in the sentencing. You have already admitted guilt so that part of the procedure is over.

If you are very sorry, contrite, apologetic, the ADA will "probably" recommend some sort of adjourned sentence, 6 months without a problem, a fine, maybe community service.

It's pretty much matter of fact and you stole a small amount.

ScottGem · Apr 11, 2011, 05:02 PM

Originally Posted by Edy020

You were probably charged with pettit theft (under $100). .

This is the second time I've seen you post this answer. But in two different states. State laws differ so one answer won't cover all states.

This is the second time I've had to warn you about accuracy in legal answers.

sunnygirl108 · Apr 11, 2011, 09:46 PM

So when do I meet with the ADA?

ScottGem · Apr 12, 2011, 03:28 AM

Originally Posted by sunnygirl108

so when do i meet with the ADA?

Judy told you what to do: "If you are very sorry, contrite, apologetic, the ADA will "probably" recommend some sort of adjourned sentence, 6 months without a problem, a fine, maybe community service."

In addition you need to offer restitution.

On a side note, please use the Answer options when posting follow-up questions or info, not the Comments.