Shoplifting, Larceny, Robbery, Theft Arrested for a misdemeanor

[user]

I have to appear in court because I was arrested for shoplifting. This is my very first offense and I was arrested due to a misunderstanding with the store manager (he believes I stole $60 worth of groceries). I was told by the police officer who arrested me that a lawyer will be provided for me when I appear in court. I don't know the legal proceedings, but I want this to be settled relatively easily and smoothly. I wil appear in court but want to know what's to come when I appear in court, and if I should just plead guilty - and pay the fine? Is this a case or a hearing, and will a judge and the prosecutor (the store manager) be present in a court room? I was also told that I would have to take a "mug" shot. Will this mean that I have an official criminal record?

I was also told by the store manager that I can never place foot in any of his stores. Does this mean eternally never, and does it refer to all stores across the nation or just in my state (CA)?

Lastly, I would also like this arrest on my record to be expunged. I will start applying for a job soon and would not like this information to be disclosed - or be on my records at all. Also, I recently got married to a non-citizen and we are in the process of applying for his work permit/green card. What affect will my "criminal" status have on the filings for my husband? And does this information need to be revealed to the INS?

Any information on how I should handle this will be greatly appreciated.

Thank you

 

[NYClex]

oh oh, you seem only to hint at the problems here.

If you did not do this, the last thing you should do is plead guilty. You wil lhave a criminal record then which can ruin later careers.

Theft can have dire consequences under immigration law, making one even deportable. The INS will be notified. But here it sounds that your are a citizen, then it will be of no consequence to your non-citizen spouse.

In a case against you someone must give proof that you did the crime, so the shopkeeper or whoever claims he saw you steal would have to be called as a witness.

And yes, he can forbid you to enter any of his stores anywhere for the rest of your life. Violating this would be trespass.

It sounds like you should talk to your lawyer about this.

 

[user]

Hi NYCex,

Thanks for your post. I hope I am being clear, because in your previous post you mentioned that I only seem to hint at the problems. I will try to talk to a lawyer about my situation, or if anyone knows of any free legal advice, please let me know. Or do you know if I can talk to my assigned lawyer before the trial?

Will the store manager be at the hearing as well? I won't plead guilty, but I did in a way admit to the store manager that I took something because he told me that if I admit my crime then that he would let me go. So I did in a way plead guilty in front of him, but only because I was mislead. I told him "Fine, I'll admit that I took something" because he said I was going to jail. Afterwards, he said that he didn't and wouldn't believe anything I said.

Regarding the INS for my husband. I am a citizen and he is not, and I am co-sponsoring him for his work permit. Will the INS be notified of my status, and can my husband find out about this?

So for now, I suppose I'm not allowed in any of his stores worldwide? Is there any way to change this? Also, will the judge determine my sentence based on the facts of the hearing?

Any help again would be greatly appreciated. Thank you again.