Sacramento, CA asked in Criminal Law for California

Q: hello! i received an infraction for petty theft. i pleaded not guilty and will contest it. is it recommended to go in.

carol b miller) without legal representation? again, this is an infraction not a misdemeanor. this was simply an oversight and will be attempting to explain to the judge what happened in hopes that he will find there was no intent to steal. the item- 4 pedals from an artificial flower bush sold in hobby lobby. not the bush, just four pedals. i intended to ask the clerk if i can just purchase the pedals or if there is something like it, but forgot to ask as i was holding it with my wallet.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed

if they filed against you it is always a good idea to have a lawyer........maybe ask for the court to appoint one........however if not criminal that may not happen.

i fear that if you talk you may say something that makes the DA take a second look at the case and make it a misdemeanor.

William M. Weinberg
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Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: I recommend hiring a lawyer. If you have no criminal history, a lawyer may be able to get the case dismissed. It's helpful to give the lawyer as much background on you as possible so that he/she may humanize you and explain that this situation is out of character and possibly a mistake on the part of the store.

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