Legal Question in Criminal Law in California

Hi i was caught for robbery at walmart. what i did was get items worth $50.00 and went and returned the items and got the money back as I started to walk and return the cart the security grabed my arm and said hes security and they have me on camera getting the merchandise and returning it . I was arested and released later that nite , I over heard the officer say to the security that I can fight it, the security said well i have her on camara and the officer yea but ???? I didnt get the rest of what was said ...... My question is what can happen this is my first time for shoplifting and Im scared I dont know what rights if I have any can you please help me on advise and what to look forward to in court , Thank You


Asked on 12/17/12, 1:43 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

There is a HUGE difference between robbery (taking property by force - a violent felony, a strike and one that could result in up to 5 years state prison) and shoplifting (a misdemeanor that carries up to 6 months in county jail).

You absolutely need a lawyer. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 12/17/12, 5:24 am
Terry A. Nelson Nelson & Lawless

What can happen?

IF you are being prosecuted for the misdemeanor crime of petty theft/ shoplifting, you could face up to a year in jail. On a felony robbery charge you face up to several years in prison. It is quite unlikely to be charged as a felony, since the value was $50. And, if you have no priors, it is possible your attorney can keep you out of jail this time, if handled right.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. .

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Answered on 12/17/12, 12:51 pm


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