You are not going to jail. This is your arraignment. If you do not have an attorney one will be appointed for you. You might be able to get this resolved at your arraignment.
Andrew Roberts
This is not enough information for a lawyer to be able to tell you what will happen on your case. Many factors come into play including whether you have any prior criminal record, the amount of the items involved, what charges are filed, etc. You should discuss the specific facts of your situation with a local criminal attorney and if you have court tomorrow you may want to consider calling some lawyers tonight. Many lawyers offer free telephone consultations such as myself.
Amy Katherine GuerraCriminal Defense AttorneyFresno, CA ·
It is not uncommon for first time petty theft offenders to receive a diversion program (no jail time) when the case is filed as a misdemeanor. Diversion gives you the opportunity to get your case dismissed after you satisfy the judges orders (e.g. stay out of trouble for six months, Do community service, etc.). Occasionally, and depending on the facts, some "petty thefts" are filed as felonies, (2nd degree commercial burglaries) which may impact the ultimate outcome.... You will have an attorney appointed at your first court date who will be able to talk with you about your case and the options that you have. Try not to worry, shoplifting is usually considered a minor offense, and the chance you would serve any time on this case is minimal as long as you attend court and follow the court's instructions.
Obviously, I'm basing this answer on the facts you've stated here, but you will need to talk to your appointed attorney to get more specific and applicable advice.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
You would have to serve at least one day in jail, usually satisfied by the book and release process assuming you were not arrested the date of the offense, if you are ultimately convicted of a petty theft. Diversion is quite uncommon in SD county unless under the right set of circumstances.
Consider hiring a locally experienced attorney to assist in the process.