Shoplifting, Larceny, Robbery, Theft Should I plea gulity or take the plea bargain for an item of $25?

I was accused of stealing an item from a store that was for $25. I never meant to do such a thing, I can actually afford the item I was accused of stealing. I walked into the store got the item in question and some outfits and walked into the dressing room as I was in the dressing room somehow it fell into my purse. ( I know that sounds so typical) It was a small object but regardless....my teenage daughter was texting me, I knew I had a short time before I have to meet my husband for lunch, rushing to try find a outfit for a function I had to attend left the dressing room and totally forgot about the item in my purse. Bumped into a old friend, shopped for other items, and went to the register and bought over $50 worth of items and literary ran out the store to meet up w/ my husband when I was stopped by lost and prevention. I couldn't believe it! I asked if I could pay for it...but she wouldn't. I was guilty...for multi-tasking and for walking out of that store with that item in my purse. I was arrested and given a court date. I went the 1st time and was given a public defender and he made me think I had a good case and told me to plea not guilty...I was going to plea that anyways because I KNOW I AM NOT! Went the 2nd time and this lawyer asked what i plea and once again I said NOT GUILTY. She later comes up to me with the plea bargain the court is willing to give me...if plea guilty(for something I am not) I will get a infraction, 40 hours of volunteer, 8 hour class of shoplifting ($98), and a fine of $50 (double the amount stolen). Or I can plea not guilty and fight it, but if I do and it goes to jury and I am found guilty the less I will get is...$800 in fine, 1 day of jail for finger prints and picture, 3 years felony probation, banned from the store for 3 years, shoplifting class, and public service. With tears in my eyes...I sat there in shocked! I'm scared...I will be penalized 3 times worse if I fight it and lose. What should I do? Take the the plea bargain and call myself a thief or fight it? My lawyer doesn't give me to much hope...she does say I have a real good case and I should fight it but can't reassure me that I will win. HELP!

Legally you are guilty of theft by any defintion of the law. You cannot prove the item falling into your purse was accident. No jury will buy this story! Its sad but you rplea option might be best for you. In addition the cost to defend you could exceed all fines with no promise of victory. If found guilty you could get max sentence. If you do take plea ask to plead no contest, this is NOT an admission of guilt. Make sure you fully understand all aspects of deal including criminal record, fines probation etc. By the way you can also expect a letter in mail from stores Law firm. Its called Civil Demand and its state law. These fines are outside of your criminal case.

Even though I have these 2 great letters on behalf of my character from important people, proof of the texts from my cellphone company, a copy of my receipt, my husband vouching our lunch date. They have a video of me...I don't know what is on that video...but I do guarantee that they don't have me putting anything in my purse. With all this I still don't have a case? I'll be guilty? A criminal?

Let me ask you this then. Did they find unpaid for merchandise on your person?

yes, i was found with unpaid merchandise

Then its theft sorry

To be convicted of theft it must be proven that you had intent. This may be why the attorney feels you have a good argument to make.
If your state has a law regarding concealment then you may have committed that, which is a lesser offense.
The recovery of the item from your person outside the store does not make it theft. Intent is a key element that the prosecution must prove. You do not have to prove it was accidental- the prosecution has to prove that it was not accidental.
The circumstances you describe do not amount to theft at all. However, there is obvious risk involved if you fight the charge.
If you accept the offer know that an infraction is the lowest level of punishment and will not leave you with a criminal record. See if you can make a counter offer to plea to a lesser offense, such as concealment, and pay the fine only without the classes.
If you choose to defend yourself in court then do so confidently. If you have a clear past there is no way you will receive the heavy punishment you listed. It would not be remotely close to that.

MM OP selected an item took it into dressing room and left dressing room without item. OP then left store and was stopped by store staff. Upon inspection item in question was found in her purse. Here only defense is "it was a mistake". Which you know is said all the time. Where I believe OP's version of event it wont wash in court and OP could be looking at serious punishment! Not to mention legal fees for defense. Dressing room stops are made everyday with teh same (or less) info that this case.

Yes it is said all the time, but prosecution still must prove intent.
It is quite possible the DA offered the light infraction knowing that it is a difficult case to prove beyond reasonable doubt... and the DA likely has little interest in working on something so petty. Challenging the charge may well result in a dismissal or acquittal. It is not open and shut as you suggest. That pesky "due process" always gets in the way.

I have caught countless shoplifters with same evidence and even seen people fight using same defense. I have yet to see it work.

shrinkmaster said:

I have caught countless shoplifters with same evidence and even seen people fight using same defense. I have yet to see it work.

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I imagine that in most cases people take a plea offer even of they didn't intend to steal anything. It is surely the safer option.
Whether their story is believable or not is for a jury to decide if they opt to push it that far - but theft is not committed without intent to deprive the owner of property. Simply carrying something out the door is not enough. One way or another the prosecutor must prov that intent beyond a reasonable doubt of 12 random licensed drivers.
If a person is truly innocent I will encourage them to let the system work for them rather than live in fear of it and be victimized by it.

On the prosecution side: The poster was found with unpaid for merchandise concealed on her person

On the defense side: Oh, it was a mistake, I didn't mean to put it there.

Seriously - how hard do you think the prosecution is going to have to work to prove intent beyond a reasonable doubt?

The item just happen to fall in OP's purse and OP just happen to forget selecting it? Wher ethis might well be true no one will buy it most likely and OP will spend thousands on defense and still be found guilty and not get any plea deal. OP could see criminal record, possible jail time, fines, probation and more! OP needs to have serious discussion with his/her Attorney as to if they have a winable case. Again I deal with this daily and have never seen a case like this won by accused. Intent can be shown (to some extent) Op selected item went to dressing room and left without item.

cbg said:

Seriously - how hard do you think the prosecution is going to have to work to prove intent beyond a reasonable doubt?

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It depends on the jury and how well the arguments are made. Only one of 12 people has to believe the defense. All 12 have to agree with the prosecution.

I wont disagree but I fear your giving OP false hope which will result in stiffer penalties and a lot of money beign spent. You are a Police Officer I have to believe you have seen cases like this and how they usually go. Admittingly fitting room stops can be tricky but th epicture OP is trying to paint it not believeable even if true. OP takes item sinto fitting room having selected them. OP accidentally drops item in question and it happens to fall into her purse! OP just happens to not notice item even after getting into purse to pay for other items. OP just happens to forget she selected said item for purchase. Again its not believable. It may well be true but its hard to swallow. You (MightyMoose) are a Police oficer you hear lies all the time you know how far fetched they are.

shrinkmaster said:

Wher ethis might well be true no one will buy it most likely

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That is what is called reasonable doubt. It takes just a little more than that to convict.

and OP will spend thousands on defense and still be found guilty and not get any plea deal.

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Not true at all. The defense might not be costing a dime, and even so some people are willing to pay the cost to defend their good name. The OP MIGHT be found guilty, but possibly for a lesser offense. The judge still has discretion to handle as an infraction if found guilty, which is incredibly likely for a first time offender for such a petty matter. The penalties listed for conviction in the first post are extreme- not realistic at all for someone with a clean record.

The OP's two public defenders have both recommended fighting the charge. Public defenders plea this out all the time. There is something about this circumstance that is worthy of taking to trial.

You (MightyMoose) are a Police oficer you hear lies all the time you know how far fetched they are.

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As I tell people all the time, I am not the one that needs to be convinced. Truth is something for juries to determine. It might be an imperfect system, but that is the function of the court. The role of the court is not to bully and intimidate the innocent. Innocent people are victimized by the justice system every day.

After reading all that you all have had to say....I've come to question myself, am I guilty? Did I do it purposely? And at the end I still come to the same answer.... NO! Thank you "shirnkmaster" and "mightymoose" for your opinions.I was going back and forth with it. I want to share a couple of things with you if it even makes a difference....my purse is very big. I carry so much stuff in it...I am a typical mother. It is not costing me a dime only if I am found guilty. I couldn't sleep all night...thinking about what I am about to do...But this morning I called my lawyer and told her I am going to take it to jury. It is true...it is so intimidating... because it's your word against theirs. But screw it... I am innocent and no matter what happens at the end....I know I am doing the right thing. It will be really f***ed-up if I lose...then that will defiantly make me see the justice system different. Wish me luck! By the way the video, as I said before, shows nothing but me shopping.