Torrance, Client Shoplifts $195 in Items from Walmart

While it existed, AB 2124 provided that for certain low-level misdemeanors, a judge could order diversion for a defendant as long at the individual was not disqualified. The defendant had to enter a plea of “no contest” to the charge, but judgment would not be entered, so there was no conviction.

Not everyone was qualified for the program. The disqualifying factors include anyone who has a prior conviction within the last ten years for a misdemeanor, a felony conviction at any prior time or a conviction for a crime of violence, a duty to register as a sex offender under Penal Code § 290, a history of being referred to diversion in the past, as well many other situations. The program was also not available for DUI cases, domestic violence cases, a case where the victim is a minor or the case involves violence against a police officer. None of these criteria applied to disqualify our client.

At the arraignment, Greg Hill appeared in the Torrance Superior Court and confirmed that the charges were for a violation of Penal Code § 484(a), which made our client eligible for diversion under AB 2124.

Before seeking judicial diversion, however, Greg sought reduction of the charges to an infraction, because a conviction for an infraction would have less impact to someone who is not a U.S. citizen that even judicial diversion, because in judicial diversion, defendant entered a plea to the charge, which some agencies consider a conviction even if no conviction is actually never entered in court.

The Torrance City Prosecutor refused to reduce the charge to an infraction, i.e. for trespassing, because our client was somewhat sophisticated in how he stole the phone. It was not a crime of impulsivity, for example. There was some planning on how to avoid the metal detectors that might reveal his theft.

Consequently, Greg then prepared, filed and served the motion for imposition of judicial diversion. The judge in Torrance Superior Court did grant the motion, setting rather strict conditions of diversion for our client to fulfill prior to dismissal in one year. They included completion of an online shoplifting prevention program, payment of restitution to Walmart for the damaged products and packaging, payment of court costs (about $150), performance of 40 hours of community service and an order to stay away from the Torrance Walmart for one year.