HELP! Caught shoplifting in California?
Before I write, I know I am going to be faced with a lot of prejudice and anger. First and foremost, know that I deeply regret this stupid decision, and it was my first time (I was careless because I knew it was wrong and still did it, but at the same time I just was so fed up for living in near poverty for so long).
I stole $80 of merchandise at JC Penney. They were on sale, so when I was caught, they marked it as the actual retail price which was $165. I slid the items into my purse and thought I was home free despite I was terrified. My boyfriend was with me and thought that I would make it out okay. We were caught by the door by the LP Agent who said, "You must come with me" and dragged us quite painfully to the detainment room.
There they questioned us if we did it, took our things, our identification, phone numbers, everything except our social security. Eventually we admitted our wrongs and returned everything, but because of our ages (24 and 23) they decided to prosecute under California Penal Code 490. We were not read our Miranda Rights. We signed some papers. One of them was the list of items that were stolen and we were going to pay for them, second was the ban of the premises for 6 months, and we are uncertain what the third paper was (if we did, we cannot remember as we were frozen in fear). We were arrested on the spot and taken to the police station despite we were cooperative and agreed to to the ban, apologized, returned the items in tact and unharmed, and agreed to their civil demand. The Police also did not read us our Miranda rights, and we were not interviewed. We had our photos and fingerprints taken and once we were cited, we were released. We were given a court date. We are unable to sleep and are frightened to death. We have never done anything like this before, and while many people said that admitting to the wrong doing was bad, we thought we were doing the right thing by admitting the guilt. We are literally riddled with grief with the fact this will damage our future careers because of a small, but frustrated, mistake.
Anymore facts include: The theft was in California, we were not interviewed or recorded by the Police, we were not kept in jail for more than an hour for them to book us, and insofar we’ve cooperated and showed great remorse for our actions. But we don’t know what to do now. We are told to consult a lawyer, but we have hardly any money to afford one (in fact, the theft was on the basis we hardly have money). We are going to seek a Public Defender, but we are unsure of how this will all cost.
If no priors, probably no jail time, a fine, and a short stint with probation (possibly informal).
As for your rights not being read: If you research miranda questions, either here or somewhere else, you’ll find that your rights only need to be read to you if you are in custody AND the police wish to interview you. That’s pretty much it in a nutshell. Everything else is television B.S.
As for all the paperwork at the store: That’s fairly common. They can pursue you civilly as well as prosecute you criminally. You can be charged with trespassing if you return to the store (and usually any other J.C Penny).
Do not be so afraid, I assume neither of you have a record, so you will face a fine up to 1,000 dollars. However, do not think you are in the clear. Penal code 490 states that you can be imprisoned up the 6 months, however, like I said before, you have no prior offenses, so I doubt that you will be incarcerated, however Penal code 490 is pretty serious. Because the value of the merchandise is over 50 dollars, you may be incarcerated for 30 days. At your court date stress how sorry you are and how much you regret what you did. You are young and the judge may take pity on you. However you will have to pay a mandatory fine between 50 and 1,000 dollars. Also, since you weren’t read your miranda rights here they are
"You have the right to remain silent, anything you say can and will be used against you in a court of law. You have to right to an attorney, if you cannot afford an attorney, one will provided for you at no cost. Do you understand these rights?"
To answer you question, yes you will get a lawyer for no cost at all. They will defend you in court. Unfortunately, you are adults, so this will make you have a criminal record, you are not juveniles so this can not be sealed and expunged. However shoplifting is a minor crime, and it is not a felony, so you can seek employment with most employers in the future.
References :
If no priors, probably no jail time, a fine, and a short stint with probation (possibly informal).
As for your rights not being read: If you research miranda questions, either here or somewhere else, you’ll find that your rights only need to be read to you if you are in custody AND the police wish to interview you. That’s pretty much it in a nutshell. Everything else is television B.S.
As for all the paperwork at the store: That’s fairly common. They can pursue you civilly as well as prosecute you criminally. You can be charged with trespassing if you return to the store (and usually any other J.C Penny).
References :
Police officer
To obtain a criminal back check is you to have a conduct a background check.
It is extremely important to perform a background check for individuals employed in your company—whether you operate a small-time or as a big business. People are the best resources that you can have in your company. So, when you hire them, you are also responsible to take care of them and their welfare especially during business hours. Acquiring a background check is then the first step to build trust and confidence. A criminal background check (Pennsylvania) is obviously important here is how you can go about getting your background check completed.
For more information please visit @ http://www.backgroundcheckpa.com
References :
http://www.backgroundcheckpa.com/Articles/how-to-obtain-a-criminal-back-check-in-pennsylvania