Do I have a formal charge if I was released after stealing from a store? 10 Answers as of January 30, 2012

I was caught with $400 worth things by security. My initial reaction was to run. I got 2 steps in before I got cuffed. The police department was called to ID me due to no license in my purse. I have prior offenses in another county. I was read my rights and released after signing agreement to pay the store. No citation was issued. Am I being charged formally? Can I go to prison? I'm not on probation, my last offense was 7/07.

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Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I think you might just have gotten incredibly lucky. Stealing more than $400 is GRAND THEFT, a felony. I don't know why the cops letyou go BUT STOP STEALING!!!! You may not be this lucky next time.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you have a court date or a warrant is issued for your arrest after a complaint if filed, you are charged. You should contact an attorney to inquire into the status of the matter for you if you are not sure.
Answer Applies to: California
Replied: 1/23/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
The police likely prepared a report and sent it to the District Attorney. If the DA decides to charge you, you will receive a letter telling you when to appear at arraignment. If you are worried, you can call the DA's office and ask if they've charged you with anything.
Answer Applies to: California
Replied: 1/18/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Yes, If you have a prior theft conviction. The new charge of petty theft will include a punishment enhancement under P.C. Section 666 at the discretion of the DA. Could be charged as a Felony. Either way, there is a potential jail sentence in this case. I do not advise that you try to sort out this problem on your own.
Answer Applies to: California
Replied: 1/18/2012
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
There are several problems here. One of them depends on whether you got physical when you ran. That could result in a robbery charge. Another problem is whether some of your earlier cases were theft related. It could result in a felony. If you were not cited you have no day in court yet. But if the DA files a case you might be notified to go to court, but there is no right to be notified, Someday, you just might be picked up on an arrest warrant. Have an attorney check with the court every so often to find out if there is a case filed against you. If so, hire an attorney to walk you into court. Do not wait to be arrested.
Answer Applies to: California
Replied: 1/18/2012
LynchLaw
LynchLaw | Michael Thomas Lynch
The Police should send a copy of their report to the DA's office. From there the case will be evaluated and the decision to file charges, or not, will be made. If charges are to be filed you would be sent a letter. If that happens consult with an attorney.
Answer Applies to: California
Replied: 1/17/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You probably will get a letter in the mail with a court date soon. You did yourself a big disfavor by signing that document, which amounts to admitting guilt.
Answer Applies to: California
Replied: 1/17/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
You're only charged if a court case is filed against you. Any time the police are involved, the odds are that you're going to be charged. It's odd that they didn't cite you, but the case could still be submitted to the prosecutor's office for review. Since they didn't cite you to appear in court, if they decide to file charges against you, they will either send you a letter to appear or issue a warrant for your arrest. Your priors will definitely factor into this case and its outcome. The law recently changed and it takes 3 prior convictions for theft for the 4th one to be a felony, but they could decide to charge you with burglary if they think you entered with the intent to steal. I'd strongly suggest consulting with a local criminal defense attorney to discuss your situation in greater detail. Find somebody who focuses on criminal law and who routinely practices in the court where your case may be heard.
Answer Applies to: California
Replied: 1/17/2012
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
The only way to be sure that you will not be charged is to check with the court in the county that you were caught. If they tell you that a case has not been filed then you should check back until a year has passed. After a year if there still has not been a case filed then you should be fine.
Answer Applies to: California
Replied: 1/17/2012
Law Office of Martina Vigil
Law Office of Martina Vigil | Martina A. Vigil
You are not formally charged until you are notified by the DA's Office. However, if you do not pay the store, criminal charges may be more likely to be filed.
Answer Applies to: California
Replied: 1/17/2012
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