Legal Question in Criminal Law in California

Re: Misdemeanor For Petty Theft

California law allows shop keepers to recuperate damagaes that result from a petty theft. These costs include the cost of security stopping you, calling the police and taking the report. This probably what they are refering to when they demand that you pay them the amount demanded. You should consult with an attorney as to your defenses etc.

Re: Misdemeanor For Petty Theft

You said you got "caught". You didn't say you've been convicted. You need to clarify that, because it may be too early to throw in the towel on avoiding conviction if you haven't been. Yes, there is a way to get it expunged after the sentence is served or probation completed. I don't know the exact procedures off the top of my head, but if you send me your e-mail address, I will check them out and try to get back to you in a day or two if you don't get a satisfactory answer elsewhere.

I'm not sure on what basis the store would impose "fines" unless you are/were ordered to make restitution in your sentence. Of course, they could impose a "price" on letting you shop in their establishment again.

As to the Air Force ROTC, check the U.S. Air Force website. I looked through it once and I believe there is a lot of information there on requirements for entry into officer or enlisted ranks. ROTC is one of about 3 ways to join the officer corps. If you find something there that looks to be a problem, let me know and I'll do some research for you to see if there is any way to get around it or get admitted in spite of it. There sometimes are exceptions in federal and military law that aren't thoroughly explained in the public websites.

My e-mail is [email protected]. Good luck.

Although I practice in Georgia, your question was referred to me because I have also been a member of the California Bar since 1979.

Re: Misdemeanor For Petty Theft

Oh, one thing I overlooked mentioning. The store could take the position that you owe them "consequential" and "punitive" damages for an act of conversion (civil equivalent of theft). This could possibly be their asserted basis for a "fine" even if you are not intending to shop there again. But, they would have to take you to small claims court to recover it.

Re: Misdemeanor For Petty Theft

If the company is dealing with this privately, [meaning you were not taken into custody by police and given a court date] then you can keep it off your record by resolving it with them. If you were arrested, you need to get an attorney to help you try to get the charges dropped, or reduced in fines. Then the attorney can help later to get the record expunged after probation. Contact me if interested in discussing facts and fees.