QUESTION
How can I be charged with petty theft, ordered to appear in court, if I was never arrested, cited, or had police contact?
Asked on Apr 26th, 2017 on Criminal Law - California
More details to this question:
I received a letter in the mail from DA saying that I’ve been charged with petty theft pc484(a) with a date I must appear in court. I don’t know what this is about. The letter doesn’t have a date that I supposedly committed this crime and I was never arrested or cited. I have attempted to get the police report or any possible info but neither the police department or district attorney's office will give me any info whatsoever. Is this legal and/or common procedure, that I was never arrested or cited and not allowed to know what I supposedly stole until my first court date? I know this is a mistake, since I don’t steal and am not a thief and could probably help clear up before going to court, if I just knew what it’s about. Since I was never arrested or cited and no one has made contact with me from law enforcement, is this considered defamation of character?
2 ANSWERS
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This is not uncommon. Make sure you show up on the court date. You will be given a copy of the complaint listing the charge and offense date, and the police reports if you represent yourself. You should consider hiring an attorney to assist you.
Answered on Jul 24th, 2017 at 8:17 PM
There is no requirement that you be arrested or cited first. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment aspirations. You should talk to a lawyer, who may be able to work out a deal with the Judge whereby you can earn yourself a dismissal.
Answered on Jul 24th, 2017 at 8:17 PM