Shoplifting, Larceny, Robbery, Theft To seek attorney or not seek

[jemapelle]

If a Non-Traffic Ordinance Violation was issued due to retail theft and payed for - will this go on any records that employers can view? I'm 18 yrs old (from WI), never had any criminal background or even any traffic violations. If it does go on records how can I expunge it or is this even possible? I'll be the first to admit that I am guilty and it was no accident or misunderstanding, but it was genuinely dumb mistake/poor judgement and I know I'll never do it again. I'm still confused as to why I did this in the first place. I've worked my whole life to succeed, I graduated valedictorian, I was in numerous clubs/activities to which I was an officer in a few, and I volunteered probably over 100 hours in the past year. I'm going to be starting college literally in a few days and I really hope this one moment of poor judgement won't affect my future chances of getting jobs and opportunities. Should I contact an attorney/lawyer and if so which kind should I seek? I guess what I'm most conflicted about currently is should I pay the citation because I've been researching and I've heard that if I did that it will go on my record. On the other hand, I've read that instead of paying, I can go to court and try to get into diversion programs, and retail theft won't show up in my record? What are the odds that this can happen/How expensive would approximate to? Do usually only retail stores check online retail theft databases or do hospitals and schools check them also? Please help me. Thank you!

 

[shrinkmaster]

Diversion (if available) is your best option outside of aqiuittal. Start calling Attorneys and set up consultations, many offer this free. Then you can talk to a Lawyer and get the legal info you require. Based on your post alone I dont see how you wont meet diversion criteria and being able to keep this off your record

 

[NormanJr]

I always recommend contacting a criminal defense attorney in your area that specializes in theft/frauds/larceny. They will know the different defenses and options you have at your disposal in order to minimize the impact this has on your future.

These consultations are usually free and most attorneys will give you advise on how to handle a small matter like this on your own. You may want to see if you qualify for a Public Defender. I would not recommend attempting to navigate the legal system without consulting a qualified attorney.

 

[jemapelle]

Thanks for the advice and replying so fast, I really appreciate it! I've looked extensively at lawyers in our area, but none of them seem to "specialize" in theft, per say - so would would a criminal defense attorney be my next best bet.
Also could you give me an estimate as to how much all of this will end up costing and what I will end up having to pay for? So far I have the citation for approx. $400, and I know there's a civil demand coming (any estimates as to how much this might be since all the merchandise was returned undamaged and unused, it was valued at approx. $150?), other costs I can think of are the attorney and I've heard that if I go to court I'll have to pay for that too?
If diversion happens not to be an option in our county, is there any other chance I can have this incident kept off my records? Going to court would either keep my "punishment" the same, or reduce it, but it won't make it worse at all right?
I'm also concerned of how much time this is going to take. As I think I mentioned, I'm going off to college in a different city. Will I have to meet frequently with my attorney face to face or can things happen over the phone for the most part?
Thanks again for all of your help. Upon re-reading this post I think it comes off as I'm complaining about my situation which I know I have no right to do so, but I really just want to make sure going to court is even fathomable in my current situation.

 

[shrinkmaster]

so would would a criminal defense attorney be my next best bet

Yes
Also could you give me an estimate as to how much all of this will end up costing and what I will end up having to pay for? So far I have the citation for approx. $400, and I know there's a civil demand coming (any estimates as to how much this might be since all the merchandise was returned undamaged and unused, it was valued at approx. $150?), other costs I can think of are the attorney and I've heard that if I go to court I'll have to pay for that too?

Court fine > than $500.00
Civil Demand $300.00 - $500.00
Lawyer $700.00 - $1500.00 could me more depending on what he does

If diversion happens not to be an option in our county, is there any other chance I can have this incident kept off my records

Ask the Attorneys you consult

I'm also concerned of how much time this is going to take. As I think I mentioned, I'm going off to college in a different city. Will I have to meet frequently with my attorney face to face or can things happen over the phone for the most part?

Not really sure what your asking here can you clarify?

but I really just want to make sure going to court is even fathomable in my current situation

Why would you not go to court!? ;o

 

[jemapelle]

So all in all, the maximum cost would be under $3000? Also a question about civil demand, if I pay up with no issues - this doesn't go on any sort of record either does it?

I'm also concerned of how much time this is going to take. As I think I mentioned, I'm going off to college in a different city. Will I have to meet frequently with my attorney face to face or can things happen over the phone for the most part?


Not really sure what your asking here can you clarify?

Sorry for the confusion. I meant to ask how often would I have to meet with my lawyer and do other things related to this case because in 2 days I'm going to be starting college as a full time student in a city about 40 minutes away from the city that this incident took place in. I'll have classes 5 days a week and I won't have a car to get back and forth between the 2 cities. So if it would require extensive amounts of time talking to my lawyer in my hometown - I'm not sure it's possible for me to take this to court due to me being away at college.

but I really just want to make sure going to court is even fathomable in my current situation


Why would you not go to court!?

Hopefully this was clarified in my explanation to the previous quote? I don't want to miss too many college classes and I don't know if I'll have the transportation to get from my college city back to my hometown to meet with my attorney and go to court.

Thanks for the again advice.

 

[shrinkmaster]

So all in all, the maximum cost would be under $3000? Also a question about civil demand, if I pay up with no issues - this doesn't go on any sort of record either does it?

Those "costs" are estimate but should be pretty close. Far as Civil Demand goes there is no court or criminal record

Sorry for the confusion. I meant to ask how often would I have to meet with my lawyer and do other things related to this case because in 2 days I'm going to be starting college as a full time student in a city about 40 minutes away from the city that this incident took place in. I'll have classes 5 days a week and I won't have a car to get back and forth between the 2 cities. So if it would require extensive amounts of time talking to my lawyer in my hometown - I'm not sure it's possible for me to take this to court due to me being away at college.

You must go to court or faces more charges! You can hire an Attorney to appear on your behalf but it is possible Judge would order you to appear at some point. Ask your lawyer if you can avoid showing up yourself

 

[NormanJr]

A few things.

Civil Demand. This could take weeks or months. When you get it, contact the number given. Tell them you want to make arrangements to pay it off. See what they will offer if you pay in full (they might give a discount) or what payment options they will take. Remember, they want to collect money, so they may play hardball, but stick to your guns. It is my suggestion to pay the court costs and fees PRIOR to paying the civil demand. The court costs and fees can and will send you to jail if left unpaid or partially paid.

Lawyers. When you do an internet search, google "Anytown shoplifting lawyers". Due to the high volume of theft/larceny cases, you may find a law firm that has a less expensive attorney on board that will cost you a lot less than hiring a primary partner.

Do not plead guilty. You have the right to an attorney by law. If you plead or are found guilty of theft, you may not even go to college, because in todays tough job market it will be hard to find a job with a theft conviction.

 

[NormanJr]

Have you let your parents know? They can be a good support system for you.

A few questions for self reflection. You do not have to post answers here if you do not want to. Have you shoplifted before? What was the reason behind the theft? If you get off of this charge, will you shoplift again? Contact the Admin as they have great contacts with organizations to help overcome this. You have a great future, theft is not a path you want to take.

Good luck and let us know how it goes.

My advice is always, obey the trespass notice, pay your civil demand as you can, and steal no more.

 

[jemapelle]

Sorry for the confusion. I meant to ask how often would I have to meet with my lawyer and do other things related to this case because in 2 days I'm going to be starting college as a full time student in a city about 40 minutes away from the city that this incident took place in. I'll have classes 5 days a week and I won't have a car to get back and forth between the 2 cities. So if it would require extensive amounts of time talking to my lawyer in my hometown - I'm not sure it's possible for me to take this to court due to me being away at college.



You must go to court or faces more charges! You can hire an Attorney to appear on your behalf but it is possible Judge would order you to appear at some point. Ask your lawyer if you can avoid showing up yourself

I think I may have forgot to clarify: on my ticket it says court appearance not mandatory, and the officer told me that I don't have to go to court, I can just pay off the ticket. My only reason for doing so (going to court) is so I can keep this incident off my records. If I'm wrong in my thinking, please let me know.

Do not plead guilty. You have the right to an attorney by law. If you plead or are found guilty of theft, you may not even go to college, because in todays tough job market it will be hard to find a job with a theft conviction.

I have contacted an attorney and I was told that my college education would not be affected? However, future job opportunities is what I am concerned about and my reason for deciding whether or not to contest the citation and take it to court. My plan is to work in healthcare, in the worse case scenario (non traffic ordinance violation of "retail theft" goes on my record for 5 yrs in WI)- is this no longer an option? Does anyone know what kind of records hospitals check?

Have you let your parents know? They can be a good support system for you.

I have not let my parents know - they are really really really strict and I really don't want to disappoint them right before I leave for college. I know this forum is mainly for legal advice, but I do want to tell them, but I don't know how - do you have any advice how I can approach this.

A few questions for self reflection. You do not have to post answers here if you do not want to. Have you shoplifted before? What was the reason behind the theft? If you get off of this charge, will you shoplift again? Contact the Admin as they have great contacts with organizations to help overcome this. You have a great future, theft is not a path you want to take.

I have never shoplifted before. The LP and police officer both asked me why I did it and at the time I was in a complete state of shock that I just said, "I really don't know". I went into the store with no intention of shoplifting, I had money...ironically, enough I even had a coupon to the store, so I really have no idea what I was thinking. Upon reflecting the past few days since this incident has happened, the best explanation I can come up with for myself is that I've been beyond stressed out and nervous for college to start (I'm a first generation college student and the oldest out of my siblings, so I don't really have anyone to speak with about my apprehensions). I've never done anything illegal, and I don't mean I've never been caught, rather I've literally never done anything illegal before - I've never underage drank, never did drugs, never got any traffic violations. As I mentioned my parents are extremely strict and have always put a lot of pressure on me to do well in school. I know my actions are unjustifiable, but I think it was a moment of rebellion and breakdown. I've been having really bad insomnia due to my anxiety for college starting, I haven't been eating, and I think this was the peak of my, for a lack of a better term "self-destruction". I know I won't shoplift again - I have way too much to lose, it's a terrible thing I did to the store and everyone else, and I feel so much guilt for what I did.

Thanks again! This is a great forum, and it's really helped reduce my stress about all of this. I can't thank everyone enough.

 

[shrinkmaster]

I think I may have forgot to clarify: on my ticket it says court appearance not mandatory, and the officer told me that I don't have to go to court, I can just pay off the ticket. My only reason for doing so (going to court) is so I can keep this incident off my records. If I'm wrong in my thinking, please let me know.

You are correct

I have contacted an attorney and I was told that my college education would not be affected? However, future job opportunities is what I am concerned about and my reason for deciding whether or not to contest the citation and take it to court. My plan is to work in healthcare, in the worse case scenario (non traffic ordinance violation of "retail theft" goes on my record for 5 yrs in WI)- is this no longer an option? Does anyone know what kind of records hospitals check?

Background checks vary but any background check will find a theft conviction

I have not let my parents know - they are really really really strict and I really don't want to disappoint them right before I leave for college. I know this forum is mainly for legal advice, but I do want to tell them, but I don't know how - do you have any advice how I can approach this.

 

[NormanJr]

It will be tough, but would you rather them find out from you, or some other source? Also, they can provide emotional, physical and monetary support to assist you through this stressful situation.

Most jobs will do a background check on crimes of moral turpitude. Medicine and other fields are highly competitive and having even the slightest hint of dishonesty or a criminal record can disqualify you. It can prevent you from attaining government jobs or jobs that require licensing, or clearances.

Seek a qualified criminal attorney. Talk to as many as you can starting tomorrow. They are the experts in the courtroom and will ensure that all steps are taken to limit the negative effects this will have on you.

Good luck, let us know how the attorney search goes.