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I have plead not guilty to a petty theft charge...
Anonymous5 views4 answers
i stole from walmart but was caught outside by the loss prevention guy. i was taken to a back office, they took the stuff i stole (makeup) , took my picture and a cop was called. i was arrested, read my rights and released on-site. i told the cop i dont why i did it and it was just spur-of-the moment. i didnt plan on going in there to steal. this is my first time in trouble. i am more then willing to accept the consequences except i have a state license as a psychiatric techician in CA. im not sure if this will get my PT license revoked but i do have to report since its a misdemenor. what can i expect at my pre-trial and is there anyway to get a lesser charge...(melicious mischief?) should i plea bargain?
Depending on the polices of the office prosecuting your case, as well as the attitude/willingness of the individual prosecutor assigned to the case at your pretrial hearing, it is possible that your case can be reduced to an infraction if you agree to plead guilty. The infraction can be, for example, a trespass or a reduced petty theft (Penal Code section 490.1). You may be able to achieve this on your own by speaking with the prosecutor (I'm assuming you are not currently represented by counsel), but it may be much wiser to retain counsel in an effort to negotiate this type of outcome. Your attorney would likely know the prosecutor if he or she practices regularly in that court, and could highlight the positive facts in your favor – e.g., your immediate acceptance of responsibility at the scene, your lack of a criminal record, and the small value of the merchandise.
While I am not certain about your licensing reporting requirements, if only a misdemeanor conviction needs to be reported (as opposed to an arrest or the filing of charges), an infraction may well be a way to avoid reporting it.
Best of luck to you,
- Brian Gurwitz
A lesser charge won't necessarily help you. Although infinitely better than a theft conviction, any lesser charge that's still a misdemeanor would have to be disclosed and could impact your psych tech license.
I would not suggest you deal directly with the prosecutor on this. You've got too much at stake. Instead, consult with a criminal defense attorney in your area to see what can be done to keep this from becoming a conviction in the first place.
You don't mention how much the dollar amount was you're accused of stealing, but depending on how much it is, your lack of record, good work history and your cooperation with loss prevention and the police will give your attorney something to work with to protect you.
I agree with Mr Dane that any plea can impact your license. We deal with similar circumstances on a regular basis for our client's here in NJ, who have licensing issues such as yours (doctors, lawyers, nurses, etc.). If you are anywhere near Mr. Dane, contact him to arrange a consultation. Your license is your livelihood, you need guidance to try to avoid any impact on it. Good luck.
Disclaimer
This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
I agree with Mr. Dane. You should do all you can to avoid a conviction. Convictions and arrest records are very problematic in the medical field. If you are in So. Cal, you might do well to give Mr. Dane a call. If in the SF Bay Area, you can also call me. Here is a link for info on the criminal process:
http://dinday.com/info04.htm
http://dinday.com/results.htm
Good luck.