wklaw » Theft Crime

Shoplifting on the Rise – What You Should Do if Charged with Shoplifting

Criminal Lawyer — Thu, 20 Oct 2011 18:21:15 +0000

Shoplifting is a common offense that is typically charged as Penal Code 490.5 or Penal Code 484(a) if the amount of the stolen items is less than $950. Give the current state of the economy, it has become an even more common occurance as evidenced by the recent arrest of a single mother accused of shoplifting more than 300 items from a Mission Viejo, CA Macy’s. Many of the major chain stores such as Target, Walmart, Best Buy, Kohls, etc; have professional loss prevention officers patrolling the store in plain clothes. These individuals will look like regular shoppers, but they are not.

If you happen to get caught for shoplifting, you were more than likely stopped while trying to exit the premises by one of the loss prevention officers. More than likely, you were also caught on surveillance video committing the alleged offense. Then you were taken to a back office and detained and questioned. The local law enforcement agency more than likely showed up a short time later. These are the basic instructions on what to do when detained:

• DO NOT engage the loss prevention officers in any conversation. Do not apologize, offer to pay if they let you go, etc. These LPO’s (Loss Prevention Officers) are not law enforcement and do not have to give you a Miranda warning. Everything you say to them will be relayed to the police.
• When the police arrive DO NOT speak to them either. Inform them you want to remain silent and that you like to speak to your attorney before answering any questions.
• The most serious issue here- is that the police and the LPO’s will be questioning you to determine if you had the intent to steal before you even entered the premises. If you admit that your intent was to do so- you have now foolishly given them factual evidence to charge you with 2nd Degree Commercial Burglary.

At this point, you’ll likely be released with a citation to appear in court; or they could take you to the police station and book you.

If you or a loved one have been charged with shoplifting contact the experienced San Bernardino theft attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

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Orange County Man Wanted for Grand Theft in Bank Scam

Paul J. Wallin — Tue, 27 Sep 2011 18:36:53 +0000

Recently, in Newport Beach and Costa Mesa, a man impersonating a bank customer was able to get away with over eight thousand dollars. Police are now trying to apprehend this person who was able to deceive the bank tellers and left with more than $8,500. Photos have been released by the authorities, which show the man who got away with the money.

The suspect impersonated the victim in order to withdraw $4,000 from the victim’s account at the Newport bank branch and then $4,500 from a Costa Mesa bank branch later that day.

Are you or someone you love being charged with felony grand theft. If convicted, grand theft carries a maximum punishment up to three years in state prison and a $10,000.00 fine. The crime of grand theft is a wobbler, which means the district attorney has discretion to file the case either as a felony or a misdemeanor. If your case has been filed as a misdemeanor, then you could be facing up to a year in jail and a $1,000.00 fine along with probation.

To convict a person of grand theft, the people must prove that; 1. You took possession of property owned by someone else; 2. You took the property without the owner’s consent; 3. When you took the property you intended to deprive the owner of it permanently; and 4. You moved the property, even a small distance, and kept it for any period of time, however brief. For petty theft, the property taken can be of any value, no matter how slight. To be charged with grand theft, the property taken must be worth more than $950. Theft of property from a person is grand theft, no matter how much the property is worth. Theft is from the person if the property taken was in the clothing of, on the body of, or in a container held or carried by, that person.
If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced Orange County theft attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experience handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

String of Car Burglaries Results in Orange County Theft Charges

Paul J. Wallin — Tue, 20 Sep 2011 18:36:41 +0000

Recently in Orange County, a man who the police suspect has a drug habit was arrested Friday in connection with thefts from as many as 10 vehicles in a Costa Mesa neighborhood, which was done in an apparent attempt to fuel his habit. Robert Carl Hopkins of Costa Mesa is being held in Orange County jail on bail on suspicion of possession of stolen property charges, petty theft charges and drugs charges.

Police responded to a call in the early morning hours on Friday when the reporting party described a suspicious man in the in the Mesa Verde residential neighborhood looking into vehicles. When the police officers went to the area, they found Hopkins in possession of various personal items, some of which were positively identified as the property of area residents. Police believe Hopkins is responsible for stealing property from up to 10 vehicles in the last few days.

In order for Hopkins to be convicted of this crime, the People must prove that: 1. He took possession of property owned by someone else; 2. He took the property without the owner’s consent; 3. When he took the property he intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property; and 4. He moved the property, even a small distance, and kept it for any period of time, however brief. For petty theft, the property taken can be of any value, no matter how slight.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced Orange County theft defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin &Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Bike Thefts

Paul J. Wallin — Wed, 20 Jul 2011 17:10:26 +0000

Depending on the amount of the theft, if you or a loved one has been investigated, detained or arrested you should immediately contact the assistant of an experienced criminal defense attorney. Under Penal Code Section 484(a) Every person who shall steal, take, carry or drive away the personal property of another, is guilty of theft. In determining the value of the property obtained, the reasonable and fair market value shall be the test.

In Newport Beach, three individuals were arrested over this last weekend for attempting to steal bicycles. The police have noticed an increase in the amount of reports of bicycles being stolen. One alleged victim, caught and detained after Jonathan Robert McBeth, tried to ride away with his bicycle.

The next day in a separate incident, the owner of the another bicycle saw two brazen young adults trying to cut the lock off of his bicycle near Seashore drive. Eventually police responded to the area and found both individuals, who were holding on to bolt cutters.

To prove that you or a loved one is guilty of this crime, the prosecution must prove:

1. You took possession of property owned by someone else;

2. You took the property without the owner’s consent;

3. When you took the property you intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property; And

4. You moved the property, even a small distance, and kept it for any period of time, however brief.

If you or a loved one is facing a theft charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

What not to do when you find an iPad?

Paul J. Wallin — Wed, 29 Jun 2011 00:34:42 +0000

Last month, a Fullerton police officer has been put on paid administrative leave after she was arrested on suspicion of theft a Miami airport.

Kelly Janeth Mejia, 25, was arrested for theft of an iPad which was apparently the property of another traveler. She was caught on video tape and was detained and questioned after the traveler informed the security personal that her iPad was missing. She has been with the Fullerton Police Department for almost six years.

Have you ever found property that did not belong to you? What should you do with it?

Usually that depends on what it is and where you found it. When a person loses an item in a public place such as an airport, grocery store or library, the best thing to do is to report the item missing to the proper authorities. If after a period of time, no one claims the item, then it is possible to have a claim for it.

In California, under penal code section 484 (a), you can be charged with petty theft form taking property owned by someone else.

To prove that you are guilty of this crime, the People must prove that:

1. You took possession of property owned by someone else;
2. You took the property without the owner’s consent;
3. You had intended to deprive the owner of it permanently or to remove it from the owner’s possession for an extended a period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property; and
4. You moved the property, and kept it for any period of time, however brief.

If you or a loved one is facing a theft charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with theft. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft

Paul J. Wallin — Tue, 24 May 2011 00:59:25 +0000

A new law went into affect last year in September 2010, which required a person to have had three or more prior theft convictions before the prosecution can elevate a petty theft crime to a felony, under Penal Code section 666. Prior to this new amendment, a person whom had been convicted of a single theft crime, could be charged with a petty theft second offense as a felony. However, now a person needs to have been convicted of three or more convictions before a new petty theft charge could be elevated to a felony.

This law is applied retroactively, under People v. Vinson, so that even if you only had one or two prior theft related convictions and were charged with a new offense prior to this law taking affect, your attorney can now argue that you did not have the requisite number of prior convictions to warrant a felony petty theft charge.

If you or a loved one have been accused or charged with a theft crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

I Was Arrested in Los Angeles County for Shoplifting Under Penal Code § PC 484, What Are my Options?

Paul J. Wallin — Tue, 24 May 2011 00:03:58 +0000

If you have been arrested for shoplifting in Los Angeles (also known as petty theft) under Penal Code § 484, do not worry! You have options:
1. If the amount of the items in question is under $50.00, you might be able to
have the charge reduced down to an infraction under Penal Code § 490.1.
2. You might also be able to avoid any conviction on your record by getting a
civil compromise.
3. You might also be able to avoid any conviction on your record by entering into
some sort of “informal diversion” agreement with the prosecutor. Here,
you would agree to do some community service and stay out of trouble for a
specified period of time in exchange for a dismissal.
4. Some prosecutors may also allow you to take a class in exchange for a
dismissal.
As you can see, there are different options out there. However, it takes a skilled criminal defense attorney to put these into place for you. If you or a loved one are facing shoplifting charges in Los Angeles County or anywhere else throughout Southern California, call Wallin and Klarich today, 888-749-0034. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people facing criminal charges for over 30 years and we would like to help you with yours! A qualified, experienced criminal defense attorney from the firm will be able to evaluate your case when you call.

Lindsey Lohan Return To Court To In Los Angeles County For Preliminary Hearing And Probation Violation

Paul J. Wallin — Fri, 22 Apr 2011 23:27:59 +0000

Actress Lindsey Lohan was back in court Friday, April 22, 2011 in Los Angeles County. The starlet is charged with a grand theft felony, and is accused of stealing a diamond necklace from a Los Angeles area jewelry store.

Lohan previously rejected an offer from the Los Angeles County District Attorney’s Office that would result in jail time. The actress hopes that Los Angeles Superior Court Judge Stephanie Sautner will find that there is a lack of evidence to believe Lohan committed the crime.

In addition to the preliminary hearing, Judge Saunter will also decide whether Lohan violated her probation stemming from a 2007 driving under the influence conviction. Lohan previously served time in Los Angeles County Jail stemming for a previous probation violation.
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Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people keep their freedom for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Former All-Star Baseball Player Lenny Dykstra Arrested On Allegations Of Auto Theft

Paul J. Wallin — Mon, 18 Apr 2011 03:06:26 +0000

Former baseball star Lenny Dykstra is perhaps best known for his performance with the New York Mets in the 1986 World Series against the Boston Red Sox. His homerun sparked a Mets’ rally that resulted in a series win, after being down two games to the Red Sox.

Dykstra was arrested by Los Angeles Police Officers for suspicion of grand theft auto. Authorities allege that the baseball star obtained the vehicle through fraudulent means.

Grand theft auto is codified under California Penal Code Section 487, which states a person is guilty of grand theft if they take the owner’s vehicle with the intent to permanently deprive the owner of the vehicle. In other words, the individual who took the vehicle, had not intention of returning it to the owner.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

I Just Found An Expensive Watch On the Floor. If I Give It To My Dad As a Gift, Will I Be Guilty Of A Crime? – California Penal Code Section 485

Paul J. Wallin — Sat, 09 Apr 2011 22:29:55 +0000

So you are walking through the mall and to your amazement there is an expensive watch lying on the floor. You think to yourself “finders keepers” and take the watch and go home. After realizing the watch is great for your dad, you give to him as a gift. However, a few days later police officers knock on your door and ask about the lost item. You stop and think to yourself, can I be convicted of a crime? The answer is yes.

Under California Penal Code Section 485, it is a crime for an individual who finds lost property under a circumstance which gives him/her knowledge or means of knowing who the true owner is, but decides to keep the property or gives it to someone else who is not entitled to the property without first making a reasonable or just effort to find the owner and restore the property to it’s rightful owner.

Depending on the circumstances, it is possible that you may be charged with theft for not making a “reasonable effort” to return the watch to its rightful owner. The prosecution will try to argue that it was reasonable for you to talk to mall security and see if someone had reported the watch was missing, or you could have taken the watch to the lost and found.

You may think there is a simple solution, just return the watch to authorities and explain that you found it. However the charges are very serious. If convicted, you may face petty or grand theft charges depending on the value of the lost item.

If the item’s value exceeds $950.00, you can be charged with grand theft which is considered a “wobbler”. This means that the prosecution can charge you with a misdemeanor or a felony. If convicted of felony grand theft, you can face up to three years in state prison. If convicted of a misdemeanor, you may face up to one year in jail, up to one thousand dollars in fines, or both. If the value does not exceed $950.00, you can be convicted of petty theft which is considered a misdemeanor.

If you are facing a similar situation, we strongly advise that you do not talk to authorities before contacting an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of theft cases. Our knowledgeable attorneys will aggressively defend your rights and fight to get you the best possible result. Call us today at (888) 749-0034. We will be there when you call.