What to do after a theft arrest
Do not ignore the citation
Many shoplifting cases end with a citation and release at the scene. It lists your court date and courthouse. Missing it leads to a bench warrant and can add another charge.
Do not explain to security or police
You can say, "I want to talk to a lawyer first." Anything you write or say in the store can later be used as evidence.
Ask a lawyer about the store's demand letter
Some stores send a separate letter demanding civil payment. That is separate from the criminal case, and paying it does not end the criminal case. Ask a lawyer before you pay or respond.
Keep receipts and records
Save receipts, payment records, and records of your day. In self-checkout cases these can matter a great deal.
Students and work visa holders: hold off on travel
With a pending case, travel, visa renewal, and consular interviews can raise questions. Ask a lawyer before you leave the country.
Common charges and what can happen
This is the general picture. The outcome depends on the amount, the evidence, any prior record, and the court, and is not a prediction for your case.
Petty theft: PC 484 / 488
Property worth $950 or less is generally a misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Shoplifting: PC 459.5
Entering an open store intending to steal property worth $950 or less is generally a misdemeanor.
Grand theft: PC 487
Over $950, the charge may be grand theft, which can be a misdemeanor or a felony.
Repeat theft is riskier
Since California's Proposition 36 passed in 2024, a person with two or more prior theft convictions can face a felony charge, and the value of multiple thefts can be added together.
Diversion and dismissal
Many misdemeanor theft cases have a path to diversion: complete a class or community service and the case is dismissed with no conviction. Eligibility depends on the case and the court.
If convicted
Possible fines, probation, restitution, an anti-theft class, and a criminal record that can show up in employment background checks.
How we help
The sooner you call, the better the chance of raising diversion with the prosecutor before the first hearing.
- Appear in court for you：In most misdemeanor theft cases your lawyer can appear for you under Penal Code 977, so you may not need to miss work or class. If the court requires you in person, we tell you in advance.
- Pursue diversion or dismissal：We check whether you qualify for diversion and raise it with the prosecutor, aiming for dismissal after the program. Whether that is possible depends on the case, and we do not promise results.
- Review the evidence：We obtain surveillance video and the loss-prevention report to see whether intent can be proven. In self-checkout mistakes and accidental takings, intent is the key question.
- Handle the store's demand letter：We explain how to respond to the store's civil demand so nothing in your reply hurts the criminal case.
- Immigration review：Students, work visa holders, and green card holders can have one of Lingtu's immigration lawyers assess how the charge and sentence would affect their status before any plea.
How a theft case can affect immigration status
Theft is usually a crime involving moral turpitude
Theft is generally treated as a crime involving moral turpitude, which can affect visas, green cards, and naturalization, and if committed within a few years of admission can lead to removal.
A first, minor offense may fall under an exception
A single misdemeanor with a light sentence can sometimes fall under an immigration-law exception. Whether it applies depends on the offense and the sentence, and must be assessed case by case.
A one-year sentence is far more serious
A theft conviction with a sentence of one year or more can be treated as an aggravated felony, with the most severe consequences. Sentence length itself is part of the negotiation.
Diversion is generally safer
Diversion that does not require a guilty plea generally is not a conviction for immigration purposes. Programs that require a plea first may still count. It depends on the type.
Check the immigration impact before any plea
See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
A Student's Moment of Poor Judgment at a Store: Apology, Restitution and Classes, Then Diversion. The Case Was Dismissed With No Conviction
First offense · Diversion, case dismissed without conviction
A Ten-Year-Old Theft Case Surfaced During Naturalization, With No Immigration Advice Given at the Time. The Conviction Was Vacated, and a Plea to Trespass Resolved the Case
Old theft conviction vacated · Resolved same day on a lesser plea
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Theft and shoplifting FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
