Legal Question in Criminal Law in California

Re: Employee theft

What can you do or say to keep this off your record?

DO get a lawyer and tell him/her everything and cooperate fully.

SAY nothing to anyone but your attorney.

There are too many unknowns at this point to be able to honestly assess the viability of a defense in your case. It is certainly possible that you could prevail in your case, with the result that you suffer no conviction at all.

More likely, however, is that your attorney might, with the right arguments (legally and emotionally), negotiate with the prosecutor for a guilty or "no contest" plea to some lesser crime, such as a trespass, for example, in exchange for your agreeing to certain terms of probation. A "shoplifter's alternative" course is offered in Orange County. You may benefit by completing such a course on your own, and offering that up to the prosecutor in exchange for a better bargain. The prosecutor has broad discretion to dismiss or reduce the charge, or offer various sentences, including the possibility of "DA Probation" which essentially means that your case is continued for several months while you jump through proverbial hoops, until the prosecutor is convinced that a guilty plea is not necessary.

Finally, one other idea is to work toward a civil compromise. This is where the victim petitions the Court (usually brokered through the defense attorney) to dismiss a case because the victim has been made whole, and does not believe that Court intervention is necessary. In a petty theft employee type of case, depending upon the employer, this might be your best bet.

If, after all your efforts, you end up with any conviction, there are a few ways, depending upon your particular situation, to essentially "remove" the conviction from your record. The most common method for effecting this is the expungement, a relatively simple process.

If I can be of any further assistance, feel free to email or call: [email protected] (800)515-0233. I wish you the best of luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

Re: Employee theft

After you plead guilty, and spend your three years on informal probation. You can petition the court to have your guilty plea dismissed. Or you can go to trial, and after being found guilty, you can do the same thing after three years. Who knows. It may be a winnable case. You have not told me all the facts.

Re: Employee theft

You need to hire an attorney to represent you in this case. After reviewing all of the facts with yu the attorney can then advise about your case.

The facts which you did not include were 1. where in the store were you and 2 what were you doing when the product was placed in your shirt pocket. The size and weight of the product would another factor to be considered. If there is a video tape of you placing the product in your pocket it will verify how this event occurred.

Informal Probation

Ask for Informal Probation with a plea of guilty. If you successfully complete probation, which essentially means taking a property offender class, then the case will be dismissed in six months if you stay out of trouble.