Shoplifting, Larceny, Robbery, Theft Arrested for shoplifting first time, what do I do?

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sillyprilly

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I was arrested at a store for stealing I think around $150 worth of stuff. LP stopped me then police officers came, handcuffed me and took me to a holding cell, asked me questions, then took me to a county jail where I spent several hours until I was released OR. I was charged with Petty Theft 484PC (misdemeanor).
My court date is set next month and I don't know what I should do until then.
I'm 21 years old, in college.
First, what are the chances of spending jail time?
Can I request paying a fine and taking classes instead because I'm a college student who needs to go to school?
What should I plea?
Should I consult with a criminal defense attorney?
Should I complete a shoplifting class online before my court date?
I want this case to be resolved as soon as possible and how can I get this expunged from my record?
Thanks.
 
Sorry to hear about your predicament.

1. Hard to say what your chances are regarding punishment. If this is your first offense, I don't think that jail is likely in the cards for you.

2. You can't just request anything in court because you have to go to school. They would rather see you be a remorseful individual who isn't telling them what their options are. That's a better approach.

3. Plea not guilty. But see #4.

4. Yes, you should absolutely consult with a criminal defense attorney (and you can may want to get a free case review from a criminal defense attorney as well - and then you'll have your options. )

5. Someone else can answer on the class but your best bet is to first speak to an attorney.

Expunged? You're a long way from there. First of all you aren't yet convicted. Second, it's not like you can just take out some soap and scrub away a criminal conviction. If it was that easy, nobody would be deterred from theft. Best of luck with this and I think you need to speak to an attorney.
 
First, what are the chances of spending jail time?
Very low but I do wonder why youwere taken to jail? that is outside the norm. The normal thing with a simple shoplift (misdemeanor) is to cite and release
Can I request paying a fine and taking classes instead because I'm a college student who needs to go to school?
Instead of what? You need to talk to a Lawyer about any potential plea deal.
What should I plea?
If you have a Lawyer with you he/she will instruct you on how to plead. If not then plead not guilty and request public defender
Should I consult with a criminal defense attorney?
YES! many offer free consultations get as many as you can ask about options like diversion, ACD and the like
Should I complete a shoplifting class online before my court date?

I want this case to be resolved as soon as possible and how can I get this expunged from my record?
If you can go the diversion, ACD route you wont need to expunge and expungement is after several years so you would have a record all those years before
 
Thank you for your answers.
What exactly is a diversion? Is that different than if the misdemeanor becomes an infraction (so it wouldn't show up on my record)?
And if I plead not guilty and ask for a PD, does that mean there will be another court date?
Also, my mom wants to call the store and ask if they could drop the charges. Would this be a good idea?
 
What exactly is a diversion? Is that different than if the misdemeanor becomes an infraction (so it wouldn't show up on my record)?
It works just like a guilty verdict with fines, probation etc etc but once you successfully complete program your case is dismissed so no record. These programs vary so you need to ask your Attorney if your county has such a program and how it works
And if I plead not guilty and ask for a PD, does that mean there will be another court date?
Yes
Also, my mom wants to call the store and ask if they could drop the charges. Would this be a good idea?
Not going to happen tell her not to waste her time
 
What if I plead No Contest (without a lawyer)? How likely is it I will go to jail?
Should I have a lawyer with me on my first court date?
 
Lets put it this way would you write a blank check and hand it to a stranger? Walking in and pleading guilty o rno contest without a prearrange plea dealin place is same thing. Yes it would be advisable to have an Attorney with you at court if you can afford to hire one
 
So I called an attorney for a consultation.
And he said I will not likely be going to jail since this is my first time but the case will not likely be dismissed. He said if I hire an attorney they can get the misdemeanor down to a "trespass" which is just a minor offense and will not show up on my record. However, he also said there's 0 chance of the case being resolved on my first court date, Feb. 2.
He also suggested a diversion program and counseling to get the misdemeanor down to a trespass but he said doing it before my court date probably won't help much.
He also said I should ignore the civil demand letter that will come in the mail asking me to pay for restitution and other stuff.
Without a lawyer, they will assign me a public defender and they will pressure me to plead guilty in which case the punishment would be probation for 3 years, paying hundreds of dollars in fines and paying a bill for the public defender.
I just want to get this done as soon as possible, so do you agree that the case will not be resolved on the first day?
Also, is it worse if they prove that I had an intent to steal?
 
We are aware Attorneys often suggest to client not to pay civil demand we do not. There are big risks in doing this. I also would advise you to seek other consultations to ensure your getting all the right info before making decisions
 
All you need to do is consult with a lawyer, whether public or private, and let them represent you. It is highly likely, if this is a first offense, that it will be handled as an infraction. You will pay a fine and be on your way- no criminal record.
 
I don't think a lawyer wanting to bargain to trespass is in your best interest. You need to consult other lawyers, ask about diversion and no record.
 
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