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This is my first offense ever and I got charged Petty Theft. What can I do to not go to jail. I'm scared. Please help
Anonymous5 views7 answers
I recently got caught stealing at Walmart two days ago and I was given a ticket for petty theft from a police officer. He let me go home and scheduled me to court in January but I'm very worried I might go to jail. This is my very first offence ever and I'm not sure how much I took. I do not want to go to jail but I'll pay the fines, do community service and classes anything but jail. Im ashamed and embarrassed for what I did I need help. . I can't afford a defence attorney and I'm not sure a public defender would be on my side or even help me. . What should i do or expect from this case. I'm scared. Please help
You are being charged with a penal code 484 misdemeanor that could have jail consequences if you were to be convicted but likely won't. You need an attorney so on first court appearance known as an ARRAIGNMENT ask the judge to appoint a free public defender. This is CRITICAL. Do not say anything except you need an attorney. Do not take any deal offered by the DA without first discussing this with your PD. Likely if you are guilty and the DA can prove it the PD will be able to negotiate for a class that can result in DIVERSION and successful completion thereof could lead to a dismissal. The fact that you have no prior convictions is a huge benefit. Even if you were convicted you would likely never do jail. Alternates to jail exist such as the WORK PROGRAM or possibly ELECTRONIC HOME DETENTION. These alternates must be paid for or you could choose jail. I have handled hundreds of these first time offenses and dismissals are possible. diversion as well. Convictions are likely where the items taken were tobacco or alcohol. The DA frowns on these theft categories. Speak to your appointed PD before making any choices. Good luck. Hope this helps?
If you qualify the court will appoint you a public defender. I wouldn't become too concern of the what if's. Be patient and see how it works out. Good luck.
Mr. Marek's answer is great. I would add that to help your chances of avoiding jail and possibly being seen as eligible for diversion (which results in dismissal of the case - no conviction), do an online shoplifting prevention course before your January arraignment. The classes cost about $70 and take three hours. Tom Wilson counseling has one and the National Association of Shoplifting Prevention has two. When you finish, get the certificate and make a copy to give to the public defender to help in negotiating. You also may want to write a short essay on why shoplifting is illegal. It seems corny, but no one does it and it is usually rewarded by a DA who recognizes you have learned your lesson. Good luck.
Brian K WanermanCriminal Defense AttorneySacramento, CACA licensed ·
I agree with Mr. Marek 100%. Do NOT discuss this case with anyone, including the police, the prosecutor or the judge without first talking to your attorney. If you can't afford an attorney, then, at your arraignment, tell the judge that you want the public defender appointed for you. If the judge asks you questions about your financial situation and ability to pay for an attorney, you can answer those. But, politely decline to answer any questions about your case without talking to your lawyer first.
Consider calling some attorneys. Many of us on provide a free consultation--you may be able to find affordable representation and negotiate a good result.
If your case is out of Riverside County you will not go to jail. I work as a defense attorney and was a former prosecutor for the county. On your arraignment date the court will ask the District Attorney if you are DEJ (deferred entry of judgment) eligible, depending on the value of the items taken. If you are eligible, accept the program and you can take a case and ultimately get the case dismissed. If you are not DEJ eligible just ask for the a public defender and they will be able to handle your case. Again you will not go to jail! Also do not pay any civil demand that you may receive in the mail and good luck!!
