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Shoplifting

Discussion in 'Criminal Records, Expungement' started by Hcristal15, Sep 14, 2018.

  1. Hcristal15

    Hcristal15 Law Topic Starter New Member

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    Jurisdiction:
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    I recently go caught with stealing. It’s my first offense and have a court date. They officer told me since it was less then 200 it wasn’t going to be a felony. I am only 18 years old, is there any way I can take this off my record? & will I face jail time?
     
  2. army judge

    army judge Super Moderator

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    No, but you haven't been convicted of anything YET.

    You are INNOCENT until the state proves your guilt.

    There are programs for firts time alleged offenders that will potentially allow this event to be erased.

    I suggest you appear in court, plead NOT guilty, ask the judge if you qualify for a public defender.

    If you don't, speak to the prosecutor about "diversion programs for first time offenders".

    I doubt that you'll do even one day in jail for this tiny misstep as a first time offender.
     
  3. Hcristal15

    Hcristal15 Law Topic Starter New Member

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    I did get caught by the cameras and they will be using that footage against me. I stole maybe $100 worth? Does this make my case more serious?
     
  4. cbg

    cbg Super Moderator

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    It means they will likely have very little trouble convicting you, if that's what you mean.
     
  5. army judge

    army judge Super Moderator

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    I fixed that sentence for you.

    What you don't want to do is ADMIT to anything.

    You are INNOCENT until you plead guilty, or the state proves your guilt.

    You have the RIGHT to remain silent.

    You have the RIGHT to have a lawyer.

    You should ONLY discuss this incident with YOUR lawyer, no one else, just YOUR lawyer.

    This isn't like a jaywalking citation, so slow your roll, you'll get through this.

    The camera ALONE can't convict you, unless you ADMIT to breaking one of their laws.



    Only you blabbing about this will make things worse.

    Plead NOT guilty, ask if you qualify for a public defender, ask for a trial, or ask about a diversionary sentencing program for first time offenders.

    From this moment forward instruct yourself to NEVER do anymore stupid stuff.

    Staying out of trouble is easy.

    Getting out of trouble is hard.

    Just behave yourself, buddy.
     
  6. mightymoose

    mightymoose Well-Known Member

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    As a first offender you will have options available to you that keep this from becoming a criminal conviction.
    DO NOT plead guilty. Appear in court as required and ask about these options.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    I am a Retail Theft Consultant and answer questions like yours daily. go to court plead NOT guilty and either hire a Lawyer or request public Defender. when you meet this Lawyer ask about options like ACD or Diversion which can keep a conviction off your record
     
  8. flyingron

    flyingron Member

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    Even a misdemeanor conviction is nothing to sneeze at. You will be appearing in General District Court which while it appears somewhat informal can have very serious repercussions. The good news that if you record is otherwise clean, they will often shunt you into a pretrial diversion that if you fulfill the requirements of and keep your nose clean will avoid a LIFELONG CRIMINAL RECORD (no expungement of convictions in Virginia).

    You should consult an attorney. Unless you are indigent and can not afford one, I would have one before your hearing date. If you can't afford one, as at your hearing. You'll be shunted aside to complete the forms to see if you qualify. Note, that you won't be provided one, however, if the Commonwealth waives jail time as a possible penalty.

    There is no such thing as ACD (or anything like it) in Virginia.
     
    Last edited: Sep 29, 2018

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