Petty Theft Attorney in Orange County
My name's Hieu Vu I'm a criminal defense attorney in Orange County California. I will defend your right sot avoid the consequences of a ptty theft conviction.
I've handled hundreds of cases at South coast Plaza, Sephora, Fry's, Costco and Kohls with successful results. I've seen every kind of variation there is. Having a experienced attorney handling your theft offense can mean the difference between a penalty, fines and community service or a dismissal on your case.
Other Collateral Consequences to Consider When dealing with Petty Theft and Shoplifting
Civil Problems from the Department Store
You will most likely get a civil demand later from the department store citing a civil code which entitles them to money. This is called restitution. They are legally entitled to it; however it is important that you consult your lawyer on how to handle these letters.
Petty Theft and Shoplifting Laws may differ from state to state. I get clients who are accused for Costa Mesa Shoplifting. For one reason or another, clients love to shoplift at department stores. Clients will questions about things outside the criminal justice system once they are caught.
One of these questions is whether they should pay the demand letter which is sent to them as a result of their Shoplifting case.
The consensus in the criminal defense community is to not pay them. These are letters are generated in bulk to take advantage of the Shoplifting Laws. In addition to this, they may follow up with their threat, but they will be unable to make a profit. These are not profitable lawsuits for them. They generate these letters because a lot of people pay them. A lot of people do not know better and pay these. They say hindsight is 20/20.
There have been offices that are willing to go as far as putting a negative credit mark on a person's report, but this is probably illegal.
Furthermore, another reason to consider not paying this is that the letters are not civil compromises. Paying these letters does not make the criminal charges go away. The only thing these things go away is your nervousness and your money. At the end of the day you still have to deal with the Shoplifting Laws and the criminal charges involved with your Costa Mesa Shoplifting case.
Paying the letter will not make the case go away. It's a quick fix for your anxiety and the like most quick fixes your shoplifting case will not disappear these letters regenerated in bulk. The companies who generate these letters make money off the people who are scared and pay them. These letters are not worth the paper they are printed on.
Dispute your Civil Case
Attorneys who represent department stores will back down when they see a person has representation.
Stay Away Order from the place
You will be ordered to stay away from the store and your information will be put into a database which will prevent you from going back to the store.
You will also get a criminal record, however let's say this happens, you can still get your case expunged later. However, until then you will have a misdemeanor on your record.
Shoplifting laws are the same; however the consequences are different depending on which court you are at. Despite the name petty theft, having a history of petty theft is very detrimental to your future.
Employers are very reluctant to hire anyone with a criminal record . This is even more so with a person with a theft crime in their background. You simply need to ask yourself, do you want someone with a theft background working for you?
Escape a Criminal Conviction
Keep your record clean with an award winning attorney.
Possible Jail Time
In some circumstances you can be exposed to jail time.
Petty Theft Does Not Involve Jail.
Petty theft alone on a first time will not result in jail time. It will only end in a criminal record. However, where a person steals a substantial amount then the possibility of jail time will go up. However, under certain circumstances jailtime is involved.
If you brought tools into the store then you can be facing an additional charge of Burglary
Things may get trickier if the person shoplifting was caught with tools and the facts show that person had a sophisticated setup to come in and steal for the purpose Petty Theft and Shoplifting. If this was the case then you may be charged with 2nd degree burglary.
Robbery - When Using Force to Effectuate an Escape
Finally, if you were stopped by the Loss Prevention and you used force to resist and that force you used effectuated the escape which caused you to get caught then you are looking at a charge of robbery. You will be looking at more than a shoplifting citation and will probably need a bail bonds man for your numerous court cases.
We are talking about months in jail or possibly years if a person gets a felony conviction as a result of shoplifting. This is called an Estes Robbery.
However, for most people that is not the case. The other charge that is often associated with Petty Theft & Shoplifting is the charge of grand theft.
Triggering a Probation Violation Can Cause Jail Time.
You can be facing bigger charges than a petty theft if you are already on probation. When you are on probation then you cab be re sentenced to the maximum jail time on your case. However for one reason or another prosecuting agency decided not to do that and the court agreed but reserved their powers to sentence you to the maximum unless you violated by committing a new crime. By picking up a new crime and being caught this will lead to a probation violation.
Stealing more than 950.00 Worth of Merchandise Can Result in Jail Time.
Grand theft is reserved for crimes where the amount stolen is over $950.00 dollars. In addition, some grand thefts are felonies and involve jail time.
However, for most people that is not the case. The other charge that is often associated with Petty Theft & Shoplifting is the charge of grand theft. Grand theft is reserved for crimes where the amount stolen is a substantial amount. In addition, some grand thefts are felonies and involve jail time.