Shoplifting, Larceny, Robbery, Theft Shoplifting $18.75 at Wal-mart

[Naetnalta]

The state is Louisiana. I am 22 years old. I will give you an account of what happened to me:

I was caught leaving Wal-mart Supercenter, 5110 Jefferson Highway, Harahan, with
a shopping bag of goods totalling $18.75 without having paid for them. I was
approached by a loss protection employee . He led me to a uniformed officer who put my arm behind my back while they retrieved the bag and searched my pockets. The officer held my arm behind my back and walked me to the security room, where he handcuffed me. The two men took down information, took my picture, and informed me that, since
I had no prior record, I would not have to go to jail but instead be summoned to court by mail. I signed a couple forms. I was told that I could not come back to any Wal-mart ever again. The summons describes the violation as "LRS. 14:67.10 Theft of goods ($18.75)".

I would like to know what penalties I should be expecting, and how to minimize the charge if possible.
-Is it possible to reduce the misdemeanor to an infraction?
-I have heard of a diversion program, a first offenders probation, and a deferred sentence. Do any of these apply to my case?
-Lastly, as a recent college graduate, I am very worried about this spot on my record. Is it possible to have it expunged, as I have no prior offenses and am not planning to commit further crimes in the future?

 

[Naetnalta]

I don't know if anyone will bother responding, but here's another piece of info. I've heard that a burglary charge can be made if they can prove intent before entering the store. Well I obtained the police report and the officer claims that I "admitted" to bringing empty shopping bags into the store. I don't remember admitting to that, because I actually got the shopping bags while I was in the store. If the prosecutor decides to bring up a burglary charge against me because the police officer's making up details, that's not going to be good for me. It's all in the details sometimes, and people believe the police officer's details over the suspect's.

Well, this is my first offense and everyone says first timers get diversion or probation. I'm already mad that I screwed myself over, but i don't want the police to screw me over further.

 

[NYClex]

This is the law:

§67.10. Theft of goods

A. Theft of goods is the misappropriation or taking of anything of value which is held for sale by a merchant, either without the consent of the merchant to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the merchant permanently of whatever may be the subject of the misappropriation or taking is essential and may be inferred when a person:

(1) Intentionally conceals, on his person or otherwise, goods held for sale.

(2) Alters or transfers any price marking reflecting the actual retail price of the goods.

(3) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.

(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.

(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.

(6) Damages or consumes goods or property so as to render it unmerchantable.

B.(1) Whoever commits the crime of theft of goods when the misappropriation or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years or may be fined not more than three thousand dollars, or both.

(2) When the misappropriation or taking amounts to a value of one hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

(3) When the misappropriation or taking amounts to less than a value of one hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of theft or theft of goods two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than one thousand dollars, or both.

(4) When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or takings shall determine the grade of the offense



As you can see, what you need is "intent to steal." This intent can be inferred by a number of actions as are described in section A. What you won't find there is that you need to have the intent before you enter the store. That is not true. You can form the intent to steal an item the moment you see it in the store, you can even take it from the shelf, planning to pay for it, and then only decide to steal it once you reach check out: all this still qualifies for a conviction.

By the way, burglary is something totally different: that is the breaking and entering of a home. There you might need a prior intent, but this is not the charge against you.

Depending on your record you will most probably be given a fine, probation or community service or a combination thereof.

 

[Naetnalta]

I spoke to an attorney today and was told that I seem eligible for pretrial diversion, which would result in no conviction upon completion and restitution. He mentioned one detail that has me worried. The prosecutor may call the complainant, Wal-mart, and ask them if they are satisfied with putting the defendant in diversion. Being a ruthless corporation who "prosecutes to the full extent of the law", they don't like to forgive. They might be the only thing standing in the way, so I'm thinking of hiring the lawyer I spoke to so he could help me out along the way.