Cited or arrested for theft?
Most theft cases start at a store. Security stops you, takes your information, and calls police. Police may arrest you, or give you a citation with a court date and let you go. Either way, a criminal case has started, and you can still hire a lawyer.
Don’t go back to the store to explain, and don’t talk to police about what happened. Police often aren’t trying to clear up a misunderstanding; they’re gathering ammunition they can use against you. Politely say you want a lawyer and you won’t answer questions. Staying silent isn’t enough on its own; you have to say it.
Police want to talk, or released with no court date? Call me before you say anything. What to do before charges are filed
What I do on your case
- I get the police report and any store video and security notes, and I review all of it myself.
- I check the value the store claims. The dollar amount can decide whether your case is a misdemeanor or a felony.
- I look for problems: a stop or search that broke the rules, video that doesn’t show what the report says, the wrong person.
- In almost every misdemeanor theft case, I go to every hearing for you, and you never have to go.
When you hire me, you get me. I don’t have associates or staff.
Petty theft, grand theft, and the $950 line
In California, taking property worth $950 or less is usually petty theft, a misdemeanor. Shoplifting from a store that’s open for business is also usually a misdemeanor when the value is $950 or less. Over $950, it can be charged as grand theft, which can be filed as a misdemeanor or a felony.
Prop 36, passed by voters in November 2024, made theft law tougher. Two changes matter most in petty theft and shoplifting cases:
- Prior theft convictions. If you have two or more prior convictions for theft or related crimes (like burglary, robbery, or receiving stolen property), a new petty theft or shoplifting charge can be filed as a felony. Old convictions count, no matter how long ago they happened.
- Adding up the value. Prosecutors can add together the value from separate thefts to get over $950.
If you have prior cases, the details matter even more. The prosecutor has to prove those prior convictions, and I check every one.
That letter from the store
Many people get a letter from the store, or from a company working for it, demanding money. California law lets a store bring its own civil claim for money against an adult it says took merchandise. That claim is separate from the criminal case. Paying it doesn’t make the criminal case go away.
How a theft case can end
Every case is different, and I can’t promise a result. These are the outcomes I work toward:
- Charges dropped, or never filed.
- Diversion, a program that ends in a dismissal. For many misdemeanors, a judge can grant diversion even if the prosecutor objects.
- In some misdemeanor cases, a civil compromise: the store or person is paid back, tells the court they’re satisfied, and the judge can end the case.
- A felony reduced to a misdemeanor.
- No jail time.
- A record you can clear later.
Your story matters too. I’ll coach you on what to start doing now and what papers to gather, so the prosecutor and judge see who you are, not just a police report. Staying out of trouble while your case is open is the part you control most.
When you become eligible, I typically clear your record for you at no additional charge. I don’t just wait for “automatic” relief, which often doesn’t happen. Why a clean record matters.
I charge flat fees, so you know the cost before you hire me. See my fees.
Not a U.S. citizen?
Tell me at the start. Under immigration law, some theft convictions count as “crimes involving moral turpitude.” That can affect a green card or citizenship, or put you at risk of deportation. Some results that look good on paper can still cause immigration problems, and I plan around that.
Questions
Is shoplifting a felony in California?
Usually not. Shoplifting from an open store is usually a misdemeanor when the value is $950 or less. It can be charged as a felony if the value is higher, if prosecutors add up several thefts to get over $950, or if you have two or more prior convictions for theft or related crimes.
Do I have to go to court?
In almost every misdemeanor case, no. I go to every hearing for you. In a felony case, you’ll need to be at the main hearings.
Should I pay the store’s demand letter?
Talk to me first. The letter is a separate civil claim, and paying it doesn’t end the criminal case. I’ll tell you how I see it in your situation.
Can my theft charge be dismissed?
Sometimes. Charges can be dropped when the evidence is weak or the video doesn’t match the report, and many first-time cases qualify for programs that end in a dismissal. I’ll tell you honestly what’s realistic in your case.
Will a theft case show up on background checks?
A conviction can, and employers and landlords often care about theft. That’s why keeping your record clean is one of my main goals. If you are convicted, I typically clear your record when you become eligible.