Shoplifting, Larceny, Robbery, Theft Allegedly caught shoplifting...

I was allegedly caught shoplifting $30.00 worth of items from XXXXXXX. Stopped by undercover LP, my information and picture was taken, police were called. I was ''let go on my own bail" and given a summons to appear in court. I also received a civil demand a few weeks later of $300.00. My problem is that nine months earlier, I was caught shoplifting, arrested, booked... the whole thing. I was able to afford a lawyer because of my parents and I ended up getting a diversion program. Since I am finding myself in the same situation yet again, what can I expect? Since I am not a first time offender how will this make this particular charge different? This time I am not able to afford a lawyer so I plan to ask for a public defender. If I ask to be appointed an attorney will I have to plea "not guilty" and come back for a later court date? I honestly want to get it over with that day. Also, I have not paid my civil demand because I am waiting until my court date but i'm afraid it'll double and I won't be able to pay it. Please help?

GeorgiaPeach said:

I was allegedly caught shoplifting $30.00 worth of items from XXXXXXX. Stopped by undercover LP, my information and picture was taken, police were called. I was ''let go on my own bail" and given a summons to appear in court. I also received a civil demand a few weeks later of $300.00. My problem is that nine months earlier, I was caught shoplifting, arrested, booked... the whole thing. I was able to afford a lawyer because of my parents and I ended up getting a diversion program. Since I am finding myself in the same situation yet again, what can I expect? Since I am not a first time offender how will this make this particular charge different? This time I am not able to afford a lawyer so I plan to ask for a public defender. If I ask to be appointed an attorney will I have to plea "not guilty" and come back for a later court date? I honestly want to get it over with that day. Also, I have not paid my civil demand because I am waiting until my court date but i'm afraid it'll double and I won't be able to pay it. Please help?

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No, just appear when and where directed, same as last time, but ask for a public defender.
You don't want to rush this, with a previous conviction.
Speak only with your PD, and wait patiently.

After the previous event, you would think you'd STOP being involved in this stuff.
Think, stop breaking the law, because if you continue, you'll get jail, and maybe prison.

Diversion will no longer be an option unless the court somehow misses the prior. As advised talk to your Attorney about your options and do not make any public statements on event that can be used against you. Do not talk to DA alone!! You can talk to an Attorney as many offer free consultations. During this visit you can discuss what your options are and are not. Last its important you pay this Civil Demand as failure to pay can bring forth serious long term consequences. Read more here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934&p=10649&hilit=civil+demand#p10649

This is among the pettiest of petty offenses. It won't be much different than your first time around. They will waste as little time on you as possible.

You also might want to attend English class a little more often, assuming you are a minor (as suggested by your reference to your parents). There is nothing alleged about the fact that you were caught. You may have been allegedly shoplifting (though it doesn't sound as if there's really too much doubt) but you were not allegedly caught - you were caught. Word placement matters.

I believe one of the moderators likes to add that word "allegedly" in there. It wasn't there originally.

cbg said:

You also might want to attend English class a little more often, assuming you are a minor (as suggested by your reference to your parents). There is nothing alleged about the fact that you were caught. You may have been allegedly shoplifting (though it doesn't sound as if there's really too much doubt) but you were not allegedly caught - you were caught. Word placement matters.

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Okay, let's be very clear here. Thanks a lot for your response but I don't remember this being an english class. It's not necessary for you to put on your grammar police costume and insult me. And no, I am not a minor but the last time, I was arrested and booked and had to be bailed out. And who else was going to bail me out but my parents? So there you go. This particular time I was let go on my own but given a summons.

One of the things I have always disliked about forums is abusive, offensive, corrections and the like to those who came seeking answers. Don't get me wrong I too have been guilty of this. Keep in mind even if you take issue with a post look past that to the answer and ignore anything you object too personally. remember you getting "free" advice from Non Lawyers so you get what you pay for

A petty offense? Not a wise comment by any means. How petty do you think an employer will think of a THEFT offense when he is hiring, or more likely NOT hiring you because you have one? If you don't look for a job where you are in a position of trust, say a cash register, in about 10 years it won't mean as much but the person who's application is next to yours will likely get the job.
Typically first offense is a year probation, fine, and community service. judges worry about being seen as treating people consistently so you will get the same fines for $1 as you would for the maximum amount which is still a misdemeanor. Then add the cost of a lawyer at around $150 per hour.
The civil demand letter you get is completely seperate from anything criminal. You may not have been arrested but you will likely still get one. It will tell you how much you have to pay the store you stole from. If they thought it was petty they wouldn't put your failing to pay it on your credit history. They don't think it is petty and if you don't pay it it will show up on your credit history AND your criminal history.

Still think it is petty?

first offense misdemeanor battery (beat someone up). sentence 1 year probation (and fees for being on probation), 40 hours community service, $500 fine, attorney fees $500
first offense shoplifting (your petty crime). sentence 1 year probation (and fees for probation), 40 hours community service, $500 fine, attorney fees $500, civil demand fee $300

I hope by now you know it isn't a petty crime any more.
(the sentences I posted happened today when I was in court I just happened to remember them)

Sean, it is a petty offense by definition, and the most common one at that. Very often these are prosecuted as infractions that don't generate a criminal record. A "first offense" is not always a first offense... It only means there is no prior conviction.

GeorgiaPeach said:

Okay, let's be very clear here. Thanks a lot for your response but I don't remember this being an english class. It's not necessary for you to put on your grammar police costume and insult me. And no, I am not a minor but the last time, I was arrested and booked and had to be bailed out. And who else was going to bail me out but my parents? So there you go. This particular time I was let go on my own but given a summons.

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Well, then. You got the grammar lesson for free. You don't like it, too bad, it comes with the territory. And if shrinkmaster doesn't like it, same to him. Words matter. You use the wrong words in court, you can shoot yourself in the foot. It pays to be careful how you use them.