Torrance, Shoplifting at JCPenney, Judicial Diversion

Our client, age 26, was stopped just outside the front doors to JCPenney with $52 in jewelry. She had gone to the store when she saw advertisements for its “Doorbuster” sale and did buy some things, but did not have enough money for the earnings and bracelets she liked as well.

The Gist of This Summary: Client, in the United States from India on a work visa, shoplifts $52 in jewelry from JCPenney in at the Del Amo Fashion Center. She was appropriately concerned about her work visa not being renewed if convicted of a crime of dishonesty. Case resolved in Torrance Superior Court with judicial diversion and no conviction.

The client had been browsing through many areas of the store, looking at socks, t-shirts and pants. She had tried on many items and settled on a few to buy, but did not have enough money to purchase everything she wanted.

After being caught by loss prevention from JCPenney, she was taken to the Torrance Police Department and booked for violation of Penal Code § 484(a), petty theft. She was held for several hours before her roommate came to post bail for her.

The client was extremely embarrassed, as she had no prior criminal history and was lucky enough to be working outside India. Her job was somewhat prestigious in that she had competed for it with dozens of others. She did not want to lose her job as a result of her lapse of judgment.

She came to Greg Hill & Associates and met with Greg Hill. Greg listened to the client explain her experience at JCPenney and her employment situation, as well as her immigration issues. Greg advised the client to take an online shoplifting prevention course through either the National Association of Shoplifting Prevention or Tom Wilson Counseling Services.

Greg also described judicial diversion, a new program only available in Los Angeles County under Penal Code §§ 1001.94 to 1001.98. Greg explained how shoplifting is eligible for relief under this program (originally proposed in Assembly Bill 2124) and how the client would qualify if she had no prior criminal history. Greg further explained that he would attempt to have the prosecutor amend the complaint to allege something other than 484(a), so the client could plead to trespassing or disturbing the peace to prevent the client from having immigration consequences or a record for a crime of moral turpitude.

Torrance Courthouse

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