Shoplifting, Larceny, Robbery, Theft 26. got caught shoplifting in nc. 1st offence

[laila]

3 days ago i got caught shoplifting 112.00 worth of clothes from a dep. store. I didnt try to deny it and got a class c misd. citation. The securty guard advised me to ask for a deferred sencencing when i go to court. After finding your site i went and consulted a lawyer. I did hire him. he said he has a good feeling that he will be able to get my case dismissed without applying for divirsion. Is it possible?..if he is successful will that mean i am guilty or not guilty based on what goes on my record?..i am so ashamed of myself!

 

[thelawjournal]

I am not in the habit of disputing advice given poster by legal counsel. Your Attorney is much more familar with local laws than we are. However if you question his advice a simple consult with another Attorney should tell you what you need to know. Keep in mind not all programs that result in no record are called diversion, its quite possible he can achieve the goal you seek. Only a local Attoreny will likely be familar with laws in your state/county and how they apply to your situation

 

[laila]

thank you. I am also wondering if i will recieve a civil demand in mail. they told me that it was possible and it would be around 150.00..should i pay it before my 1st appearence? By the way, my lawyer told me i wont even have to go to court and he will appear on my behalf. The reason i am so concerned is that i have a wedding in 2 months and cant do community service..how will i explain to my fiancee where i am going? i wiil die if he finds out!

 

[thelawjournal]

Starting a marriage off by decieving your mate does not show much trust in your Groom. Its almost a sure thing you will get Civil Demand there is no reason not to. Once again we cannot dispute what your Attorney says if you doubt his word get a consultation with another Attorney, however its not unusual for an Attorney to appear on behalf of his/her client in situations like yours. You might talk to your Attorney about higher fines or something to make up for community service which is pretty much a sure thing

 

[laila]

i am not after decieving my future husband. But he has a really high opinion of me and i would die to see the disappointment in his eyes. I do not have a lot of $ and cant ask him for it to cover the costs of fees and restitution. I was under the impression that if the case gets dismissed i do not have to pay fines or court costs. am i wrong?..

 

[laila]

i also have a question..is there any way for me to make pmts on the fines or does it have to be paid before the case gets dismissed?..what about a civil demand?do i have to pay it in full before i go to court for them to dismiss the case?

 

[thelawjournal]

Most courts and civil recovery services will accept payment plans but do not miss a payment! Both the court fines and civil demand have nothing to do with each other

 

[laila]

if my case gets dismissed do i have to still pay the court costs?

 

[thelawjournal]

Once again that will depend on what happens with plea deal or whatever your Attorney does. You really need to talk to him since he cleary has not explained things to you

 

[NormanJr]

A few things.

You must pay your lawyer before your court date. If you do not pay him, he will not show up as he is under no legal obligation to do so.

If your case gets dismissed, that means you will not have to do anything with court. No fines, no fees, no record etc.

If you get diversion, that means you will have things to do with court. They will hand you a paper telling you the amount of money you owe in fines, fees etc. They will give you directions on how to pay these.

From the store, you will have these regardless of how court goes. You can be assessed a Civil Demand. Contact them and start payment arrangements. They will take $20 a month, $50 a month etc. Do not pay more than you can afford, but pay as much as you can afford. You may have to do without Starbucks coffee for a few weeks, but get this fine paid off. You will have a trespass. If you return to any of their stores, sister stores or parking lots in that state, you can be arrested for trespassing. Do not risk it as it will most likely kick your shoplifting charges back to the surface.

You can be put in a database for thieves. You will be in there for seven years.

Good luck.

Oh and tell your fiancée. You would rather him hear it from you than a third party down the road and then you will have serious problems. Its not that big of deal and he can be of help to you.

 

[laila]

if my case gets dismissed and i am applying for a job, when they ask if i have ever been arrested can i answer "no"? without lying. thank you for all your help. i have lost sleep

 

[thelawjournal]

If they ask about arrest then no you cannot say no without lieing

 

[laila]

So when filling out applications for a new job is a dismissed case smth that has to be mentioned?. do i have to disclose it?is it smth that showes up in the crim. background check and how long would that be there? can i get it exponged?..I cant eat or sleep and have nightmares every night. I am so remorseful and will never ever do anything illigal again!! Your web is great and i will recommend it to my lawyer and other people

 

[thelawjournal]

Its rare for a job to ask about arrest.

 

[laila]

I asked my lawyer about what happens to my record if the charges get dismissed. He told me that it will still show up as "dismissed"..that really sucks. He said in 1.5 years i can get it exponged given i wont do anything bad. Havent discussed the cost of that yet. I was wondering if he talks to DA before the court date if it is possible to settle before court or am i just being crazy?. I just want to get on with my life and quit waking up at night. My fiance is saying that i act odd and seem depressed. LIKE HECK I AM!!!.and have no one to confide in, not even my parent

 

[thelawjournal]

You cannot avoid court. Consult other Attorneys as well. By the way would a "dismissed" case be a concern?

 

[laila]

yes, my fiancee has very influential parents. Anything can mess things up right now. I know he would probably forgive me but if they found out they would put breaks on the marriage..since i am not the "good catholic girl" anymore. I love and do not want to lose him over this. Can the case be settled during the first appearence? We are supposed to go out of country for a month. Would they deny me visa if there are charges?

 

[thelawjournal]

If you can get a plea deal set up before court date then yes. You would then go to court and Judge will approve or deny plea deal. If Judge accepts plea deal you arrange with DA then case is over other than paying fines, doing community service or whatever else is part of sentence. You need to discuss this with your Attorney. Just a note your arrest and pending court date are a matter of public record that just about anyone can view

 

[laila]

can they find out why i was arrested as well?..or just that i was and the court date?

 

[thelawjournal]

The penal code will likely be listed