Banning, Shoplifting From Outlet Mall, Diversion Granted

Our client, residing in Northern California, was with her family on a vacation to Palm Springs.  She had been to the area several times and one thing she enjoyed was going to the Cabezon outlet mall (called the Desert Hills Premium) there and shopping at the Gucci and Saint Laurent stores in particular.

Age 46 and with no prior criminal history at all, our client allegedly took a scarf worth $374 from the Gucci outlet store after asking a sales associate to remove the sensor so she could try it on.  Once the sales associate turned around, our client left the store.  She then went to the Yves Saint Laurent store and picked up a red leather wallet worth $545.  She removed an electronic sensor inside it and then, hiding the wallet under her shirt, she walked out of the store.

When seen by mall security in the parking structure, our client immediately turned around and got into an elevator.  Security eventually found her and stopped her.  Our client admitted to taking the wallet and pointed to an area of the parking structure where she had dropped the wallet once she realized she was being followed as a suspect.

Once stopped, she also admitted to taking the scarf from the Gucci store.

The client was then taken to the Cabezon sub-station for processing.

Both stores were desirous of prosecution and the Riverside County District Attorney’s Office agreed, charging our client with a violation of Penal Code § 490.5, “shoplifting.”

The client called Greg Hill & Associates, quite concerned about what would happen in court and how her otherwise clean record would be affected.  Greg spoke with the client for almost two hours, listening to her story and answering her many questions.  Greg recommended that she enroll in and complete the National Association of Shoplifting Prevention shoplifting prevention course, which the client promptly did the same day.

The client then retained Greg Hill & Associates.  She forwarded Greg her completion certificate from the shoplifting course.  Greg then later appeared in the Banning Superior Court at the arraignment.  Greg spoke to the handling prosecutor about the facts of the case, showing the prosecutor the shoplifting prevention course completion certificate and emphasizing how our client had no prior criminal history and how diversion would be the best, most fitting way to resolve the matter.

Quite surprisingly, the prosecutor quickly agreed, offering the client the Riverside County PES (Pacific Educational Services) DEJ (delayed entry of judgment) program.  In this program, the client would be eligible to “earn” a dismissal by completing an online six hour program costing $275.
The client was very happy with this, as she greatly feared losing her job due to having a conviction, especially for a crime involving dishonesty.  She had worked for the same company for well over twenty years and it would have been devastating to be fired at age 46, especially because her family, including three young children, needed her income.  She quickly completed the program and Greg later appeared back in the Banning Courthouse with the client’s PES completion certificate.  The judge then dismissed the case.

For more information about shoplifting in general, click on the following articles:
  1. What is Shoplifting and Its Defense?
  2. What Is Diversion, Delayed Entry of Plea and Deferred Entry of Judgment?
  3. I Got Caught for Shoplifting and Now the Store Threatens to Sue Me for $400 – What Should I Do?
Watch our Video about Theft Offenses by clicking here.

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