If I stole under $40 of merchandise from Walmart and received a ticket, what can I expect?

Your best bet for avoiding this conviction is to try to get diversion. If you get diversion, your case will be dismissed after a period of time (probably 12-18 months) if you don't get into any more trouble and do some small requirements like community service. If you are charged with an infraction, you should ask for a trial. The penalty for an infraction will not increase, whether you go to trial or plead guilty. Therefore, you have nothing to lose by going to trial and if the witness doesn't show up, your case will be dismissed. An infraction conviction can be dismissed after one year, under Penal Code section 1203.4a, but it will remain on your record with a notation that it was dismissed. Finally, you should expect a letter in the mail from a collection agency trying to get money out of you. You would be wise to ignore the letter as you don't owe them any money and paying it would have no effect on your criminal case. Good luck to you.

If the police were called and gave you a ticket, then yes, most likely criminal charges will be filed. Follow the information on the ticket and show up for court. The good news for you is that with no record, you will probably only be charged with an infraction. However, infractions are not eligible for public defender representation, so you're going to have to hire an attorney or represent yourself if you want to fight it. Yes it does go on your record if you plead guilty or no contest to the offence, but since it's an infraction you can get the conviction expunged (note: it will not be erased from your record - it will just have a notation next to it) once you have paid your fines and completed any other requirements from the court. Also, you may recieve an official looking letter from a law firm representing Wal-Mart saying you owe $400 or so - I advise my clients not to pay that (it's a civil demand, and I've never seen anyone taken to court over it). Of course, may sure to pay all your court fees (the ones actually imposed by the court.) Good luck.

Given that you were cited, the police will submit their report to the District Attorney's Office. The District Attorney's Office will make a determination whether or not to file charges. You must appear in court on the day that you were cited to appear on. If the case has not been filed on that date, have the court stamp that you were present. For a first time shoplifting with a value of $40 you should be eligible for a diversion program as indicated by the attorney above. Walmart will be sending you information regarding a civil demand payable to Walmart. This is separate from criminal charges.