Shoplifting, Larceny, Robbery, Theft Need Help concerning "Retail theft"

[berkleysprings1]

A friend of mine, 17 was charged with retail theft. The worker at the store at the time was the same age of 17 and working alone while conversing with her, when a multitude of students from the nearby high school inundated the small convience store and took over $50.00 in merchandise. Police review of the tape confirmed that my friend took three pieces of beef jerky (at $1.29 a piece), a fact she fully agreed to when she spoke to the police. The policeman informed her that the convience store was pressing charges against all of the upwards of 10 students that had shopplifted. He proceeded further to comment that he is not allowed to give legal advice but, "*cough* *cough* [he] would plead not guilty". He firmly believes that her cooperation and truthfulness will eventuate in a traffic citation...
So the question arises, to plead guilty or not to plead guilty. As if the situation was not already complicated enough, she intends to attend a prestigious college that performs an EXTREMELY thorough background check. Her concern is to apologize and to immediately get the incident expunged from her previously clean as a whistle record.
Does somebody, anybody, have advice on how to handle this potentially career-ending incident???

 

[seniorjudge]

What statute number are you charged under?

(By the way, I have NEVER heard of a theft charge being plea bargained to a speeding ticket.)

 

[berkleysprings1]

she is being charged in pennsylvania law under:

CHAPTER 39. THEFT AND RELATED OFFENSES
SUBCHAPTER B. DEFINITION OF OFFENSES
§ 3929. Retail theft.

 

[seniorjudge]

(b) Grading.--

(1) Retail theft constitutes a:

1. Summary offense when the offense is a first offense and the value of the merchandise is less than $150.

http://members.aol.com/StatutesP3/18PA3929.html


If all you stole was valued at under $150, then this is a summary offense which is basically just a civil ticket.

It's a little more complicated than this, but if you hire a lawyer and have that lawyer ask the prosecutor to plea bargain, it may turn out all right for you.:angel

 

[berkleysprings1]

Thank you

So despite the video evidence, is a plea of not guilty a possibilty? Or does the admittance of theft constitute a "guilty" plea??? Also, a key element in the case is that the worker was fired and is being legally prosecuted against for not confronting shopplifters and not discouraging theft (she faces a $5000 fine but is countersuing in court for harassment and also suing for the breech of child labor laws)... Would the plea of "not guilty" be more probably acceptable if the fact is included that the worker did not discourage the theft??? The policeman seemed confident that his input in the matter would lead to the citation described earlier... some sort of traffic violation???

Thank you very much for your help and concern. Any further advice you can offer for her would be greatly appreciated. Thank you seniorjudge!!!

 

[jacksgal]

A plea of not guilty suggest that. A. Defendent wants more time to talk about legal options. B. Defendent did not do crime accussed of and plans to fight in court. Now if this person made any admission of guilt to anyone that information can be used in court

 

[berkleysprings1]

so that leads me to my next question... What about the possibilty of getting the offense expunged immediately??? I think the judge will be able to relate to her perfect past... (captain of this captain of that, president of habitat for humanity in the school, ranked number 1 in class) She will be sending admission related matterials to the college and once they recieve them they will conduct and extensive background check. How quickly could the retail theft charged be expunged and what kind of lasting implications will it leave on her record??? Any information about expunging would be helpful.

 

[jacksgal]

Expungements happen years later not right away. What can be looked into possbily is Diversion.This acts like a conviction but once you complete terms of program charges are dimissed. These programs are not available everywhere and do vary so talk to your Attorney

 

[berkleysprings1]

so concerning diversion... if her plans bottom out and she instead elects to join the military, would this offense appear on her record in the (government, or in this case, military's) eyes??? How 'trackable' is this offense and does the diversion wipe the slate clean so to speak, even before she turns 18???
Thank you for the help, also, to what degree are judges usually leniant on first-time offenders in such a minor setting or charge? Thanks again!

 

[jacksgal]

Nothing is ever totally wiped clean.