Legal Question in Criminal Law in California

what should do, Please let me know

Hi,

I was grocery shopping last Saturday and I picked up some Items in the basket that was clearance, after I paid the cashier, I realized he over charged me and I went to customer service and void everything and charged again so I got my money back. As I came out of the store, two security men asked to go with them.

Now they are saying that I changed the prices on a pepper mill ($1.00) and playing cards (.50 c)

they were saying perpper mill is $24.00 and didn't say about playing cards. They also searched my purse and find a wet napkins that I bought from them last week and claiming that I stol that also.

They kept me for two hours and I told them I even pay for what ever difference and they said no.

They called the police and he game me a ticket to appear in court on July 2nd, 2008.

I don't know anybody in this twon and I am affraid, what should I do. Where do I stand and what should I expect. Thank you


Asked on 6/30/08, 7:54 pm

2 Answers from Attorneys

Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: what should do, Please let me know

Hire an attorney because this type offense can affect your future employment possibilities amongst other things.

A 1st offense petty theft, although a misdemeanor, is a crime of moral turpitude which is more probably than not, going to affect bonding (to some degree) and, in my opinion, is more detrimental to future employment and licensing processes than many other offenses/convictions not Moral Turpitude

(meaning... having to do w/ honesty and veracity) based.

Whether infraction or not, many employers with strong employee - employer relations/benefits tend to shy away from such circumstances with potential applicants...

That being said, I would (as an idea)propose you seek a "diversionary disposition" wherein you would "jump through hoops" to better yourself while earning a dismissal. However, this would be structured so as to impose a harsher penalty than usual should you repeat this offense in the future. State prison may be the "gimme" you could concede as a proper disposition for any future (similar) offense.

Also, ( not knowing all the facts which lead you to this offense) I would propose participation in a "theft counseling program" as the foundation of such a proposal. This type program has thru the recent years become more acceptable around courts/jurists. I have achieved this result (stated above) while utilizing such a program.

Though an infraction is acceptable result in this circumstance, perhaps (dependant upon the circumstances) you could do better (by minimizing the future affect of this circumstaqnce.

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Answered on 6/30/08, 10:24 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: what should do, Please let me know

You need a lawyer to defend your case - that is about all you can do at this point. If you cannot afford private counsel, a public defender will be appointed for you on the day you are supposed to show up in court.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/01/08, 12:26 am


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