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I have court tomorrow for a petty theft charge p.c. 484... how can i keep this off my record? i'm a criminal justice major...
Anonymous3 views4 answers
i was arrested for stealing $18 dollars of merchandise along with my friend who stole over $100 of merchandise. I didn't know she had stolen anything. I offered to pay the 18 dollars seeing as I had the intention of buying it but completely forgot i had the product in my hand. Loss prevention took us to the back of the store and called the police to arrest us. We were never told our Miranda rights and were taken to the local police station for booking. i have heard of diversion programs to keep this off my record, how do i go about this? i have no money for a lawyer so will a public defender do me any good? i dont have a record of any sort and I don't intend on having one. Will the fact that my friend stole a lot of stuff make me look bad in court? please help!
Yes, a public defender will do you some good. Whether or not that includes keeping it off your record depends on the facts of the case. Public Defenders are attorneys who are employed by the county to represent people who can't afford to hire an attorney. They have a huge caseload, so they don't have as much time to work on individual cases, but most are pretty good lawyers.
The fact that you and your friend both shoplifted might tend to show you decided to steal before you entered the store, which could result in a commercial burglary charge. That is far more serious than simple theft and could be charged as a felony.
The public defender can tell you about any diversion programs and address your other concerns.
I agree that a public defender will do you some good, and since they have heavy caseloads, you'll probably want to be persistent in requesting that they pitch diversion options to the DA. There's room for creativity when it comes to diversion options, and with the fact that you didn't intend to steal, and had an item worth only $18, your particular case should appear less serious than the other individual's. As far as diversion options, something along the lines of a reasonable number of hours of community service completed by a certain date should appear reasonable to most DAs. Good luck.
You can offer a "civil compromise" under Penal Code sec 1378, which states: "If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense."
Let's assume the worst, i.e. that you are convicted/plead to a petty theft misd. You can get it off your record after you have successfully completed probation, and if you have otherwise obeyed all laws. Check Penal Code sec. 1203.4.
