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Shoplifting in california help please i got a felony?
i am 19 years old me and a buddy got caught shoplifting from the mall, i had 240$ worth he had 200$ worth, the person from the store who caught us said we are under arrest for shoplifting, we spent 2 days in jail and later find out we are being convicted with 2 felonies, one is burglury and other is helping someone else steal... i think they have the wrong charges on here? i really intended to buy something from the store thats why i brought my wallet, but then for no apparent reason decided to shoplift instead. i live in California and i was researching and read this is suppose to be a midimeator? i spent 2 days in jail and they let us go free but we never had a court day for our charges to be read to us... thats why they put us in jail in the first place. i do not understand.
should i get a lawyer? attorney? i dont know what to do..
charges were 459 PC and 182 (A)(1) PC what are my chances of getting these removed because first off i didnt have intentions of stealing anything when i walked through the doors, and second of all i never helped the person next to me to steal, he did it on his own... i dont know how to argue this in court, yes im going to get an Attorney is this the samething as a lawyer??? how much am i looking here to spend like a wide estimate?
i have a courtdate they just let me go, but told me to show up for my court date in 3 months.
5 Answers
- Anonymous7 years ago
You are getting answers from people who don't know the law. Burglary in California includes entering a business with the intent to commit a theft. That intent must be proven. Otherwise, the offense is simply theft. So your intent is important. This is not a matter of you telling the judge (or jury) that you DID not have that intent--the burden of proof that you DID is on the State (as it should be).
Of course, you have not been convicted of anything. You have been required to return to court for arraignment on whatever charges have been filed in three months. A prosecutor will review your case to see what charges the evidence supports. If a charge of burglary is not supported, you would be charged only with petty theft.
To prove a conspiracy they would have to prove that you and your buddy agreed to engage in a theft together. Again, there would have to be evidence of such an agreement. If there is no such evidence, it is doubtful that a prosecutor would file the charge.
Yes, you need an attorney. If you cannot afford counsel, the court will appoint an attorney to represent you.
Source(s): 35+ years as a criminal defense attorney - ?Lv 77 years ago
459 PC is burglary is a felony with thousands $ fines and imprisonment.
182 (A) (1) PC Conspiracy ( being with your friend that also stole ) Accomplice.
Your chances of getting this removed = NONE.
Your intentions are not what matters, what matter is that you committed theft/burglary and conspiracy.
A Judge will not be kind to you coming with this sort of excuse.
Being of legal age this will be on your record.
- 7 years ago
You will be charged with theft without a doubt, and burglary is a charge of "breaking and entering"into a vehicle, building or space unlawfully. The charge corresponding to the helping of another to steal may be classified as an "aiding and abetting theft" charge.
- 7 years ago
Jeepers! The state of our youth. Ok, if they released you before you saw a judge and they didn't give you a court date that you have to show up for , then the whole thing has been dropped. Get it. Go to the court clerk to make sure you don't have a pending court date coming up. If you don't then consider yourself lucky and don't steal anymore.
- KLv 77 years ago
"Oh no Your Honour, but I didn't INTEND to steal! The fact that I DID steal is irrelevant, I didn't INTEND to when I walked into the shop!"
Oh, I would LOVE to see the judge's face when you said that to him.
You're a moron. That you didn't "intend" to steal means JACK SH&T. You STOLE. End of story. And at some point, you formed the intention to steal, when you decided you were going to be a filthy little thief and not pay for it. You CHOSE to steal.
