Comment by: Jessica

I am 20 years old and a California resident. I have one prior felony conviction, Grand theft and I am on informal felony probation for 3 years. I have been diagnosed with ADHD and when I am off my medication I am very impulsive and often do destructive things without considering the consequences. In the following scenario I was not on my medication. I was shopping in a local grocery store and passed by the alcohol and had the urge to take some. I placed two bottles in my cart and then in my bag. I went through the store and continued to shop. I paid for my items and then was met at the door by an employee who said, “can you please take the alcohol out of your bag.” I was compliant and handed over the alcohol. The employee then asked me to come with him to a room I could only assume was a break area. I complied once again, but asked if it was necessary considering the items were returned. I was told I must stay in the room and watched by two employees. Another employee came in and informed me the police were on their way and that I had been caught on camera a couple weeks before doing the same thing. I realize that this seems erroneous but, I have no recollection of the previous event. I offered to pay for the previous but was told that it wouldn’t matter that the police were on their way anyways so I asked to call my mother. I was told I was not allowed to at first but after a couple more times asking I was told I could. I called my mother and she came to sit with me to wait for the police. After about an hour the officer showed up and asked me a few questions and detained me. I was taken into custody and booked and the next morning released on what was referred to as a “Kick.” The booking papers referred to the crime as burglary in the second degree which I am aware is a felony charge and defined as theft that takes place in a commercial establishment and to be convicted of a Second Degree Burglary, you must enter or remain unlawfully in a building, with the intent to commit a crime against persons or property therein. I realize that because of my prior theft in the store as well as my previous charge it may seem idiotic to claim but I had no intent of taking anything until the impulse came up as I walked down the aisle. I know I will have to have a public defender for my funds are light. I am aware, after research, one prior felony conviction makes you a “predicate felon”, this event was a violation of probation. Can the charges can be dropped if I simply repay the store for the first theft since they kept the second and agree not to step foot in the facility again? Is there anything I can do at all to lessen the charges or make this go away all together? Considering my age, previous record and the crime itself what is likely to happen?
Dear Jessica: It’s up to the prosecutor to just drop the charges, which is not real likely since they already filed the charges. However, the charges may be reduced if you take a plea and possibly reduced to a misdemeanor theft. The consequences will depend on your state’s laws, all of the facts, circumstances (including mitigating circumstances) and your prior record. Once you are appointed a public defender to represent you, talk your case over with him/her and let them know everything you have mentioned here like the fact that you are on medication for ADHD, your impulsiveness, remorse, willingness to pay the store, take a class, etc. These may be considered “mitigating factors” that can help your attorney in negotiating with the prosecutor. At this point, you will want to take your medication so you prevent any potential impulsiveness, possibly see a counselor if you feel this is something that would benefit you, go to school or work and definitely stay out of trouble. Good luck. Please help us help more teens by voting for AsktheJudge to win a FedEx small business grant!
(This is information only – not legal advice.)