Shoplifting, Larceny, Robbery, Theft caught shoplifting in VA at a discount store

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Stupid1

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My question involves criminal law for the state of: Virginia

Like many people on this board I made a stupid mistake that I will regret for the rest of my life....I realize that this will follow me the rest of my life and I will probably never be able to find a job because of my actions.

That being said,

I am 25 years old and I was caught shoplifting from a big name discount store, total amount of items taken was around $88. I was not arrested, however, they did the picture & writeup, a cop came and fingerprinted me there and gave me the citation/summons to appear in court.

I am still waiting to hear back if my financial state qualifies me to get a public defender.

My question is that I was wondering what to expect at court and is there anything I should/can do before my court date (its not until mid january) to "help" my situation? I have read about the national association for shoplifting prevention and the program they have....it seems like a good idea to try but I don't know if it would really do any good (I do not know whether or not this is a legit organization and whether or not it'd do any good since I'm 25 and not a minor).

I am extremely remorseful for what I have done...it was my first offense (first time ever doing this)....and I know I broke the law and deserve the punishment, I'm just wondering what I can do/expect if I go to court on my own (without a lawyer)...

if it helps, the law enforcement officer told me to possibly (its not a guarantee) expect a 30 day jail sentence - suspended for a year, with 12 months unsupervised probation, along with a $100 fine plus court costs.
 
I recommend offenders enroll in the NASP. Will it help? Where we cannot say for certain it will help it wont hurt. Judges like to see defendant take action for their wrongdoings enrolling in the NASP course will surely please Judge. This could result in reduced sentence even deferral! You can enroll in course online
 
i just got back from talking to the judge.....he said that i do NOT qualify for a public defender.

also, before he spoke with me about the public defender part he called my name, said what i was charged with, and then said it can be punishable with a 12 month jail sentence and a $2500 fine

my husband and i can't afford a lawyer, but i don't want to go to jail and i don't know what to do.......this is my first and last time ever making a stupid stupid stupid mistake like this......i just dont want to go to jail
 
VA has some very tough shoplifting laws. Start calling Attorneys and set up free consultations. Do not mention you are not going to hire them (unless you are) but pick their brain for info that can help you. Ask about plea option slike Diversion etc. Ask how to avoid jail time. Even if you do not hire one you can then talk to DA (not recommended) on your own to arrange plea deal. I still feel that enrolling in NASP will help reduce chance of jail. So start calling Lawyers set up appointments. Once again I suggest enrolling in course mentioned.
 
i just purchased the at home program from n.a.s.p. and i've found a lawyer that will do a free consultation....hopefully i'll get it and have it done in time before january 12th

i know you said you do NOT reccomend it (and i can understand why), but if i do decide to talk to the d.a. on my own, what do i say/ask for?
 
ok, thank-you. i really do appreciate the help.
 
Thats what we are here for. Please keep us advised as to the progress of your case. You can also refer others to our site as well as you see need
 
Stupid1 said:
i just purchased the at home program from n.a.s.p. and i've found a lawyer that will do a free consultation....hopefully i'll get it and have it done in time before january 12th

i know you said you do NOT reccomend it (and i can understand why), but if i do decide to talk to the d.a. on my own, what do i say/ask for?
Click to expand...


What to say to DA
Do not admit guilt
Ask if there is a diversion or defferal program available in exchange for "no contest" plea
Request no jail time
Be sure to show DA your certificate of completion from NASP course
Offer no explanations for theft as well as no admissions
Do not lay out your defense at all!!
Basically tell him your desires and you willingness to plead "no contest" if your goals are agreeable to Judge
Listen to DA take notes.
Read anything your asked to sign ask questions if need be


Now its very important that your plea be "no contest" A no contest plea admits no guilt! I agree with earlier posts talking to DA on your own is suicidal but you may have no option. I also read where you have a meeting with "a" Lawyer! Get several with as many Lawyers as you can. The more knowledge you have the better. Wha tone Attorney may forget or leave out the other might not.
 
I was able to get a hold of one so far that will meet with me for a consultation, I plan on continuing my phone calls tomorrow in hopes that I'll find others that will do the same.

As for not admitting guilt, I'm just asking this so I understand better (I don't mean anything mean by it), how will it help me by not admitting guilt when I know for a fact (and saw the video) that they have evidence of me committing the act? I should also tell you, that when I was in the LP room, I was so upset that I was babbling and saying I was so sorry, I'm not like this normally, I'm sorry I stole. I do realize I probably shot myself in the foot when I did that....
 
A no contest plea is just like a guilty one but there is no admission of guilt. This may or may not prove useful later on. Take assetprotections advice. the video etc does not play role in this if not admitted into court. Which it wont since a plea bargain prevents case from going to trial
 
What part of VA are you in?

He is right about your 30 day suspended sentence with a fine. The max for a misdemeanor "petty larceny" is 12 months with a $2500 fine (I believe). You will most likely get a 30 day sentence with four days to serve (you will serve two days as jail in VA = double time). What you want to do is not have this on your record. Spend time in jail if it will help you work out a deal where the charges drop off your record after a time period.

The key is to get a lawyer in your area that has a good reputation with the Commonwealth Attorney. Often, they can help change their mind in regards to sentencing. If you have any more questions please ask and I will try to respond promptly as I am very familiar with VA courts.
 
i am in southwest virginia...i was told by the county clerk that there is no chance of getting this "off my record", they only offer that for juveniles. however, i will be completing the n.a.s.p. program for adults in the time before my court date and i have a meeting with a lawyer on thursday.
 
They are just saying that. In Virginia, especially the area that you are in, they are extremely tough on shoplifting. That being said, it will take a lot of time and effort on your part to reduce the impact that this has on you. You are not a bad person, or a seasoned criminal and you need to show the courts your remorse. Your goal is to put this mistake behind you and move forward and never steal again. What I would suggest is along with the NASP, (which is really good and shows maturity on your part) is to complete some community service on your own. You might even want to consider telling your story in a school or church to help others.

You need to get a criminal defense lawyer no matter what. If family or friends can help out use them. Take out a loan. For a petty theft, you are probably looking at a $1500 lawyer fee. If you PM me with your location, I can tell you some good lawyers who will help you and probably get this off your record. I know several that work in Southwest VA and can assist in this process.(I am not associated with them nor do I receive any money from recommending them - I just know of their work )
 
norman ~ i just sent you a private message
 
as of right now i do not have a lawyer. i've met with 2 so far and theres no way i can afford either of them (one walked out of the room after i asked about making a couple of payments since we wouldnt have the full amount by the court date). ive contacted our bank about getting a loan and the lady laughed at me when i told her what i needed it for. i'd rather not go into why, but asking family for help is out of the question.

i'm going to be calling legal aide tomorrow morning to see what i can do.

on another note, i got my stuff from n.a.s.p. on friday so i'll be working on that this week. i'm also volunteering at the local food bank and next week i'll be at the soup kitchen. hopefully when i go to court that will show the judge that i am attempting to make ammends for what ive done and am trying to be a productive member of society again. if i can keep up the volunteer hours ill have around 75 by the time i go to court in january.

thanks again for the advice everyone!
 
Although not a good plan but if you do not qualify for Public Defender and cannot afford your own Lawyer meet with DA yourself. If you go that route ask about diversion and be sure DA explains what their Diversion program does and how.
We also encourage you to comeback and tell us how things went. Lastly if we were any help at all please post so in sectio of this site called "testimonials"
 
i meant to add that i did try to speak with the commonwealth attorney, his secretary said i wasn't allowed to without a lawyer no matter what, even if i was waiving my rights to a lawyer.

i will be talking to someone at legal aide tomorrow to try and get some of my other questions answered (i'm trying to figure out how to submit the nasp paper and my volunteer stuff before i plead). i'm guilty, i know that and im not trying to get out of paying for it but i just want to show the judge that i am remorseful for what i did and im trying to make ammends for what i did.
 
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