Shoplifting, petty larceny, 1st offense!

[Bruceent50]

I got caught last month trying to take a $29 pair of headphones
I was very cooperative with the officers and admitted everything right away. I was not taken to jail and released after finishing paperwork.
I cannot not afford a laywer but make to much money to be appointed one.
My court date is on the 19 this month.
I want to know what to expect.
Do I need a lawyer for this? Should I be worried about that?
I was planning on trying to do some community service and take a theft class before court to present to the judge.
I'm trying to avoid jail time at all costs!
What should I do?
I've never been arrested, no speeding tickets, served in the marines

 

[army judge]

I got caught 3/17/15 trying to take a $29 pair of headphones with me out of a store in Henrico, VA.
I was very cooperative with the officers and admitted everything right away.
I was not taken to jail and released after finishing paperwork.
I cannot not afford a lawyer but make too much money to be appointed one.
My court date is on the 19th of this month.
I want to know what to expect.
Do I need a lawyer for this?

Yes, you DO need a lawyer.
See if you can borrow money to hire one, if you don't qualify for a public defender.
Why?
Because when the prosecutor learns that you aren't represented by a lawyer, you could get railroaded.
In the end, its your call.

Should I be worried about that?

No, this is a nothing kind of crime, but STOP stealing, and START obeying ALL of their laws.

I was planning on trying to do some community service and take a theft class before court to present to the judge.

You certainly can do community service, but don't reveal it YET.
You can even take anti-theft classes, ethics classes, theft prevention classes, even classe on being a good citizen, a psych eval won't hurt, but wait, hold it until you meet with your lawyer.

What should I do?

Plead NOT GUILTY, ask for a public defender, or request time to arrange for you to hire your own lawyer.


While you await your court date, keep a low profile, don't break any more of their laws!!!!
Nothing, see below for more details.








Don't admit to anything, confess anything, or discuss the case.
Even IF you admitted before, STOP, don't say anything more.

 

[shrinkmaster]

I am a Retail theft consultant and answer questions like yours daily. As instructed request public defender. You do this by pleading not guilty and requesting one. When you meet with this Attorney ask about possible plea options like ACD or Diversion. Long as you have no prior criminal history I would not worry about jail.

 

[mightymoose]

Jail time is not even on the table in a petty property crime like this. The most you will get is fines and possibly a short probation. An attorney can help to minimize the damage, maybe by getting it reduced to an infraction that doesn't create a criminal record.

 

[shrinkmaster]

Virginia Shoplifting Laws

§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.

Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

§ 8.01-44.4. Action for shoplifting and employee theft.

A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.

B. A merchant may recover a civil judgment against any person who commits employee theft for two times the actual cost of the merchandise to the merchant, but in no event an amount less than fifty dollars. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.

C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.

D. A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section if any criminal action has been initiated against the perpetrator for the alleged offense under §§ 18.2-95, 18.2-96, 18.2-102.1, or § 18.2-103 or any other criminal offense defined under subsection F. However, nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under §§ 18.2-95, 18.2-96, 18.2-102.1 or § 18.2-103 or any other criminal offense defined under subsection F.

E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.

F. For purposes of this section:

"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own use without full payment.

"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.

 

[Michael Wechsler]

I was planning on trying to do some community service and take a theft class before court to present to the judge.

In addition to what the others have said above, you should appreciate the way judges and prosecutors think. They will probably hear this and think that this is what everyone does who gets caught and wants to avoid penalties. Judges and prosecutors are not fooled into thinking that this person who took the initiative really sees the light and is reformed, truly sorry for what happened because it is a crime - not because they want to avoid a penalty. They will want to be the ones to dictate to you what the penalty is, even if it's not stringent.

You're best advised having an attorney present for a serious charge. This is not a parking ticket or even a traffic citation. This is not a civil court. This is a criminal matter, even if only for a petty amount. In addition, we don't know what else might be in issue such as prior incidents or whatever other surprises might appear. For this incident, your best bet is to consider spending money on an attorney for an appearance instead of the cheapest class you can take before the hearing.

 

[shrinkmaster]

I am a friend to the Director of the NASP (not for profit group) if your going to take a class (not bad idea based on my past clients) I advise you take this one which you can take online. www.shopliftingprevention.org or you can contact me directly for contact info to their Director. I can say I had a client in similar situation (based on info you provided) who advised to do this before court. Judge was so pleased he dismissed case on the spot no probation! I cannot say same will happen to you or what Thelawprofessor will happen but I dont see a downside to this even if all it does is educate you.

 

[army judge]

You're best advised having an attorney present for a serious charge. This is not a parking ticket or even a traffic citation. This is not a civil court. This is a criminal matter, even if only for a petty amount. In addition, we don't know what else might be in issue such as prior incidents or whatever other surprises might appear. For this incident, your best bet is to consider spending money on an attorney for an appearance instead of the cheapest class you can take before the hearing.

You can't beat this advice, BRUCEENT50.
It might be somewhat expensive hiring an attorney to lessen the pain and perhaps diminish the consequences, why not?
Any criminal defendant is INNOCENT until the state proves his or her guilt.
If an EXPERIENCED, RESPECTED defense attorney can lessen the pain and (perhaps) keep this "crime" off your record (or somehow get this crime to age off your record) you'd be doing yourself a disservice NOT to investigate what a good attorney can do for your cause.

You can meet with four or five attorneys in your county and see what you can learn.

Once you know more, hire yourself a great "mouthpiece"!!!

 

[snortle]

In my opinion, if he went and confessed to the officers at the scene, the only thing he should be doing is getting a lawyer to convince the state to let him into a diversion plan. Assuming this is his first arrest.