Shoplifting Sephora, 2 Clients, Judicial Diversion, Newport

Our clients, one eighteen and one nineteen, went to the Sephora store at the Irvine Spectrum.  While there, they each shoplifted various items by putting the items in their purses.  The items included blush, lip glow, lip balm, lipstick, hydrating priming serum, self-tanning drops and dark spot serum Vitamin C alternative.

As the two walked out of the store without paying for the items, loss prevention officers stopped the two and explained that they needed to return to the store because it was believed that they had stolen various items from the store.

Our two clients, both freshmen at nearby Chapman College, cooperated and the items from the store were inventoried and their values were totaled at $340.

The loss prevention officers then called the Irvine Police Department, who dispatched officers to the store and took our clients to the Irvine Police Department, where they were booked and released.

The father of one of the girls contacted Greg Hill & Associates and explained the facts that his daughter and her friend described to him.  The father wanted to know what could be done to soften the punishment if any and how to eliminate or minimize the criminal record for both young women.

Greg explained that in a case such as this, when both defendants are so young (almost still juveniles), a prosecutor and a judge often approach such cases with genuine empathy and, given that judicial diversion under Penal Code §§ 1001.94 and 1001.95 would be available, the terms of diversion may be quite easy for the two girls to fulfill to “earn a dismissal.”

Greg explained how judicial diversion was requested and how the proceedings in the case would be suspended while the two girls were given up to two years to fulfill the terms imposed by the judge.  Greg explained that the term of diversion in such a minor case would very likely be six months or a year, during which the girls would each most likely have to enroll in and complete an online shoplifting prevention course or attend an “anti-recidivism” course offered at Santa Ana City College.  Greg also stated that he would expect the judge to order each girl perform a small amount of community service such as 40 hours at an approved provider such as a registered 501C3 non-profit organization like a large church, the YWCA, a Boys & Girls Club, the Salvation Army, the Red Cross or Habitat for Humanity.

Greg further recommended that each girl enroll in the Third Millennium “Stop Lifting Juvenile V4” online shoplifting prevention program and complete the course ASAP. 

Greg also requested documentation that each client was enrolled at Chapman University and, if they had their college transcripts showing their grades so far, to provide that.

Each girl then retained Greg Hill & Associates and each girl promptly enrolled in and completed the Third Millennium online shoplifting prevention program.  Each girl sent our office her respective certificate of completion of the program.  Each girl also sent our office a color copy of her student identification card from Chapman University and her transcript, which showed each girl was excelling academically.

Greg then appeared in the Newport Beach Superior Court for the arraignment for each girl, while they both remained in class.  The judge in Newport Beach required a written motion for imposition of judicial diversion, so Greg prepared such a motion for each girl, explaining the provisions of judicial diversion and attaching each client’s proof of completion of the Third Millennium program and their Chapman University identification cards and transcripts.

A separate judge from the judge assigned for the arraignment heard the motions for judicial diversion and granted each one.  The judge was favorably influenced, he stated, by each client completing the online shoplifting prevention class and that each appeared to be an excellent student.

The judge placed each client on judicial diversion for one year with an obligation to obey all laws, stay away from all Sephora stores and perform 30 hours of legitimate community service, as described above.  At the end of the year, if each girl complied with the terms of judicial diversion, the case would be dismissed and each would be then eligible to have the arrest report and court file sealed under Penal Code §§ 851.91 and 851.92.

Both girls were very appreciative of the opportunity to have the case dismissed and thereafter be eligible to have the records sealed, which meant the record would be erased from each of their criminal histories.