Shoplifting, Larceny, Robbery, Theft Suspected of shoplifting, first offense. HELP!

[lrd22]

Hello - I am 37-year-old mom of two boys and I was arrested for allegedly shoplifting a couple of days ago. I have never ever had any kind of legal trouble, never been arrested, I don't even litter. I have an excellent character and I am currently in nursing school. My girlfriend and I were shopping in Burdines and were looking at costume jewelry. I was waiting for her to purchase an item and was looking at several different items. I was holding onto to some to show her when she got done, and I was trying to decide on a pair of earrings for myself. When she was done, she came over to where I was standing and said she was ready to go so I showed her the items but she wasn't interested. I set them down on a table in front of me where there were sale items. I thought something had fallen so I looked on the floor under the table and saw nothing. I picked up my bag and we proceeded to leave the store. After leaving the store, we were heading to Bath & Body Works and I was looking in my bag for a coupon I had. I found the earrings while I was looking in the bag. They apparently had fallen into the bag while it was on the floor when I thought something had dropped. I showed them to my girlfriend and we started laughing because earlier I had said to my girlfriend that I really liked them and wished I had gotten them, so she made a comment that they must have liked me too!! Anyway, at that point, I made a stupid decision and decided to keep them and started to put them in my ears. I took my earrings out and was going to put the others in when store security approached me and I'm sure you know what happened after that - he asked me to follow him to the back room, they had me fill out forms, they told me I was "technically" under arrest for shoplifting, a cop came and released me, etc..... I told the story as I am telling you but that didn't seem to matter.

Yes I admit I made a mistake in deciding to keep them but I didn't intentionally take them out of the store. I didn't even know they were in the bag. I have a court date in a couple of weeks, and I am scared to death. I'm not sure what to do as far as how to plead. Part of me wants to say no I'm not guilty because the intent was not there but then the other part of me feels guilty because I decided to keep them. I just want to know how the procedure goes. I am very ashamed and humiliated at this point because I always prided myself on my honesty and I go and do something like this. Go figure!! Does it make sense to plead no contest or should I plead guilty? I haven't told my husband, kids, mom, or anyone else about this because I am ashamed and I want to do this the easiest and shortest way possible so that I can put it behind me.

Thanks for your input!

 

[Wolfmann]

Yes I admit I made a mistake in deciding to keep them but I didn't intentionally take them out of the store. I didn't even know they were in the bag. I have a court date in a couple of weeks, and I am scared to death. I'm not sure what to do as far as how to plead. Part of me wants to say no I'm not guilty because the intent was not there but then the other part of me feels guilty because I decided to keep them. I just want to know how the procedure goes. I am very ashamed and humiliated at this point because I always prided myself on my honesty and I go and do something like this. Go figure!! Does it make sense to plead no contest or should I plead guilty?

Thanks for your input!

Unfortunately is the act, not the intent in this case, but again every criminal conviction needs the mental element...which in this case is the intent.

You should have immediately returned the merchandise when you realized what happened, and being confronted by loss prevention or store security as you're trying them on doesn't help you at all. In this case it's easy to prove your intent was to keep them, while they were out of the physical confines of the store. Did you leave the confines of the store with them?

You have a case to introduce reasonable doubt. But, as a former loss prevention officer I've arrested and had charged many people with the same story. Some of them are legitimate, but what happened to you is one of the oldest games in the book...unfrotunately you may very well be innocent, but will be punished for the transgressions of others.

I not going to give you specific advice, but talk to your lawyer about pleading. If you can bargin a plea if your lawyer believes there will be a conviction, then do so. If not remember your sentencing will generally be tougher after being convicted as opposed to leading guilty (or in some places lesser for pleading no contest).

Otherwise undersatnd your mistake and throw yourself at the mercy of the court. Most likely your punishment will not be harsh. At least not here in Canada. Probably a fine and/or community service.

You do need a lawyer to negotiate your sentence, if you look innocent enough you make get mandatory jail-time - if any - commuted (which is what you want) or suspended. This is a very expensive mistake as well, not just in terms of the fine, but lawyers and legal fees as well.

I haven't told my husband, kids, mom, or anyone else about this because I am ashamed and I want to do this the easiest and shortest way possible so that I can put it behind me.

If you really made a mistake, why be ashamed of it. Sure it's embarrassing, but living with a lie is worse in the long run.

Talk to a criminal defence lawyer that handles these specific cases.