Shoplifting, Larceny, Robbery, Theft Help please?

L

LLLayfield

New Member
Jurisdiction
Kansas
I am 53, disabled, mother and grandmother.. and did a REALLY stupid thing.. and now I am TERRIFIED and have NO IDEA what to do... i was caught shoplifting at the self check out at walmart. I didn't scan an item $3.99 .. and I have NO idea WHY ... but.. police were called, I was arrested but not taken to the station, i am banned from walmart of course and was issued a ticket, have court appearance, they said it was "misdemeanor theft". I can't eat.. sleep.. I feel HORRIBLE about this.. The only trouble I've EVER been in before was a bad check YEARS ago, that I quickly resolved. I have had maybe two speeding tickets, and was fined for "dog at large" .. again.. YEARS ago...I need to know what to expect in court.. date is set for July 31st. I can't afford an attorney. My disability is less than $1000 a month. Will i have to go to jail? Should I ask for diversion when i first get before the judge? I have NO idea what to do ... I just wish I hadn't been so STUPID.
 
LLLayfield said:
was caught shoplifting at the self check out at walmart. I didn't scan an item $3.99
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What you did can impact a person's conscience, psyche, and moral code far more than the criminal justice system can impact most people of good character who did a foolish thing.

LLLayfield said:
police were called, I was arrested but not taken to the station, i am banned from walmart of course and was issued a ticket, have court appearance, they said it was "misdemeanor theft". I can't eat.. sleep.. I feel HORRIBLE about this.. The only trouble I've EVER been in before was a bad check YEARS ago, that I quickly resolved.
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Take a day or two and let this entire event and it's aftermath sink deeply into your entire being.

Once you've accepted your failings, get busy addressing the consequences.

When you appear in court, plead not guilty and see if you qualify for a lawyer supplied by the taxpayers.

If you can afford a lawyer, go ahead and hire one you trust.

If you have a lawyer, follow his or her advice and don't discuss this with anyone.

If you can't afford a lawyer, you can investigate "alternative sentencing" offered by your state and county.

Most of these sentencing schemes allow you to plead guilty, serve 60-90 days unsupervised probation, complete an anti-theft class (or one on ethics/honesty), maybe do community service, keep your nose clean, the entire event gets wiped off your record.

So, stop beating yourself up, promise yourself to never do dishonest things again, and enjoy the rest of your golden years, as you were doing before you allowed yourself to stray.
 
THANK YOU so much... I have done NOTHING but 'take in' my reprehensible actions... I don't know if I'll EVER be able to forgive myself.. I will definitely take your advice, and .... tho I can't afford an attorney... I ASSUME when I appear in court I will have the opportunity to ask for a court appointed one.. correct? I would GLADLY take the class, do probation, whatever they ask of me, but the prospect of Jail is horrifying!! Why I didn't think of THAT when I was committing the crime.. I only wish i knew. I pride myself on being a "GOOD" person.. I try VERY hard to be nice.. honest.. how could I have done this? I know that is NOT a question for YOU to answer.. I just.. I'm just so ashamed.

I did find some comfort in your kind words and expert advice. A friend told me that when I first appear I can ask for a diversion... is that a good idea? should I ask for the attorney FIRST?

Oh.. I have already requested information on voluntarily taking the NASP program. Is that OK? or .. should I wait till AFTER I go to court... I am not SURE I will be able to afford it, but I've contacted them and I'm waiting to hear back. But.. IF I tell the judge that I am trying to do this.. isn't that an admission of guilt? When I appear for the FIRST Time... should I just ask for diversion? request an attorney? I just need to know what is best to do FIRST.

I'm sorry for asking so many questions. I can't thank you enough for this service.. It is so generous and greatly appreciated!!!

Oh and.. .just for the record... I would NEVER EVER even THINK of taking ANYTHING .. not even a free sample.. EVER!!!!!!! I will NEVER forget this overwhelming guilt, shame and self loathing!



army judge said:
What you did can impact a person's conscience, psyche, and moral code far more than the criminal justice system can impact most people of good character who did a foolish thing.




Take a day or two and let this entire event and it's aftermath sink deeply into your entire being.

Once you've accepted your failings, get busy addressing the consequences.

When you appear in court, plead not guilty and see if you qualify for a lawyer supplied by the taxpayers.

If you can afford a lawyer, go ahead and hire one you trust.

If you have a lawyer, follow his or her advice and don't discuss this with anyone.

If you can't afford a lawyer, you can investigate "alternative sentencing" offered by your state and county.

Most of these sentencing schemes allow you to plead guilty, serve 60-90 days unsupervised probation, complete an anti-theft class (or one on ethics/honesty), maybe do community service, keep your nose clean, the entire event gets wiped off your record.

So, stop beating yourself up, promise yourself to never do dishonest things again, and enjoy the rest of your golden years, as you were doing before you allowed yourself to stray.
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Of course you can ask the prosecutor about diversion.

In fact, many prosecutors will gladly work with a person displaying contrition and wishing to make amends.

All diversionary programs exist to help ease the sting of lesser criminal matters.

If you receive the opportunity to enter a diversionary program, you'll have to admit your actions in open court, under oath, and answer the judge's admonishments.

That isn't hard, and in six to nine months you'll have put this sordid business behind you.

The NASP course has helped people get through diversion programs and lead normal lives.

I'd wait until after you've spoken to a lawyer, or the prosecutor, as your state/county might require other classes.
 
I am a Retail theft consultant and answer questions like yours daily. YES taking the NASP course was wise, VERY wise. When you go to court plead NOT guilty and request Public Defender. When you meet this Lawyer Ask about your options be sure to ask about ACD or Diversion. It works like a guilty plea with fines, community service etc. But once you complete program your case is dismissed therefore no conviction record. these programs vary so be sure to ask your Lawyr how your program (if one exist) works in your county.
 
Just curious.... What is the offense listed on the citation? (The code)

Just because you received a citation does not mean you are guilty of a crime. It is entirely possible that the charge against you is dismissed, or at least minimized to a simple infraction (if you defend against it).

Consider this- would you be any more guilty of a crime had you gone through the regular line and the cashier neglected to scan the item?
 
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Note that in addition to your CRIMINAL charges, the next sound you will hear is Walmart's "lawyers" demanding a civil restitution for damages people like you cause them. It will run up to $350 or so. There are differing opinions on whether you should pay this. The risk is Walmart may sue you and you will be further liable for attorney's fees. Frankly, I've never heard of this happening.

ACD is a New York term. Nobody in Kansas is likely to have heard of it. Kansas jurisdictions offer diversions and deferred judgments. An attorney can tell you what will be available to you where your case is.
 
flyingron said:
...a civil restitution for damages people like you cause them.
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That's a bit harsh. Those laws exist because of people who knowingly and willfully steal or attempt to steal, not because of people who inadvertently miss an item or otherwise make an honest mistake.
People not scanning things correctly is part of the known risk of providing self-checkout. A person does not become a criminal by making the exact same error employees do.
Short of a guilty plea, to be convicted of this offense it will have to be proven there was intent to steal this $3 item. With the info given that seems unlikely.
People like this have a good chance of preserving their good name despite the whims of overzealous loss prevention employees.

Paying civil demands is foolish in most cases, including this one.
 
I suppose I worded that hashly. The point I was trying to make in the phrasing is that the damages don't necessarily have to reflect this particular item, but rather their need to employ antitheft measures across the board. From the poster's original statement, it doesn't sound like this was an inadvertent omission on her part, but rather an intentional decision not to scan an item.
 
Between the lines I am reading that the OP says she got caught shoplifting because that is what loss prevention and police have told her, and she received a citation confirming it.
Failure to scan an item does not by itself amount to shoplifting, but will trigger loss prevention into the exact same course of action.

Regardless, even if it was intentional it likely can't be proven without admission. I would not expect any prosecutor to pursue grandma over this. If not dismissed for lack of evidence it could be reduced to a simple infraction, if allowed.
 

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