My friend and I were caught shoplifting and we're both 19....?

Question

caught a few days ago and our court date isnt until next month. I am extremly ashamed of what we did. But what I'm wondering is what will happen when we go to court? Ive never been in trouble before this is my first offense ,also what i took was less than $100 and I really have no idea what to expect when I go to court. I was reading some other questions on here about shoplifting and I read somewhere that I could ask the prosecutor to "continue without a finding" basically meaning that we make an agreement never to steal again and stick to that agreement over a specific time period that they could let this go and remove it from my record...does anyone know if that is true? what are some other possible outcomes, would it be better to get a lawyer? I know i will have to pay for the merchandise that i took, and a possible fine on top of that, i go to school full time and therefore i do not work so can i ask to do community service instead of paying a fine? any info. is appreciated. thanks

Answer 1

I'm a felon so let me handle this....anything less than $100 is a Class B Misdemeanor, first offense will probably get you nothing worse than Misdemeanor Probation, probably six months to a year. I would advise you to get an attorney...."continue without a finding" generally means Deferred Adjudication Probation, but if you violate the terms of that you will be subject to serving out the length of the original sentence in county jail, which for a Class B is usually up to one year. You're gonna get community service no matter what and that community service doesn't pay your fine....however if you spent even a few days in jail when you were caught you can get what's called jail-time credit towards your fine and it may even cover the whole thing. If you did it, just plead guilty and take your lumps with probation....a misdemeanor is no big deal. I wish that's all I had on my record. But even if you get upwards of a year's worth of probation, you can always finish your community service early and then go back to court to get off of probation early - probably after about half of it is completed. Oh and you're also gonna be paying somewhere between $10 to $40 a month in probation fees. Good luck to you.

Answer 2

I think the best thing to do is plead guilty in court. You will most likely have to go to shoplifting classes (probably about 2 classes), and pay a fine (maybe around $250). All this depends on which state you are in. I think hiring a lawyer would be too much money, and not necessary. The small amount of money you stole is small enough that it's not a felony. Also, ask if it will be on your permanent record. You don't want a future employer to see this when doing a background check!

Answer 3

Melissa,
Step one: Have your parents contact the business and ask to speak to the General Manager. HAve them explain that you have made a mistake and ask them what they can do to drop the charges. If your parents are good long time shoppers of the business they may have some leverage.

Step TWO: Find out if your jurisdiction/area offers theft school. You will not be prosecuted int liu of attending this. I know it is offered in Illinois. However, you will still have to go to court.

Step Three: IF you truly shoplifted, even the best lawyer will not be able to help you. The facts are probably on tape and the only thing your lawyer will do is take your money. Talk to you defending attorney.

Answer 4

Muppetpilot said it better that I could have explained it. The only thing I would add is that once you have accepted & agreed to the terms of your sentence, don't let the store try to badger you into paying them an additional fine. The Judges Order is final & the larger Department stores make a nice profit ($1200 +) on first time shoplifters who don't know that once your judgement is handed down by the court, the store has no legal leg to stand on & you should not be paying them ANY money unless it is order by the court & issued to you. Don't believe the "hype" of these overpriced mega stores scare tactics! They will send you threatening letters in the mail...just ignore them, as they are not enforceable.

Answer 5

You are going to have to pay for the merchandise you stole.

If you had a job, maybe stealing wouldn't seem like such a great idea. Obviously, if you have time to steal, you have time to work.

While I was busy making changes in my life, I'd get rid of that boyfriend and find a job.
Are you only ashamed because you got caught?
I bet your name got put in the paper too, everybody now knows you are a thief. I bet you don't get invited to many parties after this. People will be too worried that you'll steal from them.

I'm sure that wasn't what you wanted to hear but it needs to be said.

Answer 6

Shoplifting laws vary state to state. Which state are you in?
http://crimeprevention.rutgers.edu/crime/shoplifting/njlaws.htm
example for NJ.
For MA: http://www.masscriminaldefense.com/shoplifting.htm

United States

In most states in the United States, shoplifting is a misdemeanor crime of petty larceny when specifically committed against a retail establishment by a patron. Some states do not distinguish between shoplifting and other forms of petty larceny, although a judge may consider the context of any crime in sentencing.

In some jurisdictions within the United States, certain egregious instances of shoplifting involving large dollar amounts of merchandise and/or a high degree of criminal sophistication may be prosecuted and punished as burglary or otherwise as a felony. The dollar amount to constitute felony shoplifting can range from being quite low such as $100 in Vermont, to quite high such as $2,500 in Wisconsin. In some states a high dollar amount can constitute a higher felony, a prime example being Arizona where a shoplifting incident greater than $2,000 constitutes a class five felony. Indiana is the only state in the country where an act of shoplifting is considered a felony regardless of dollar value.

Shoplifting can lead to far more serious charges than normally would be assumed. In most states an employee who shoplifts from their employer can be charged with shoplifting and embezzlement. In Arizona a shoplifter who is caught attempting to steal without any means of payment is guilty of third degree burglary. In Illinois a shoplifter who resists detainment is guilty of aggravated battery. In some U.S. jurisdictions, a repeat misdemeanor shoplifting offender can be charged with a felony for recidivism.

Exactly when the crime of shoplifting has been committed varies from state to state. Most commonly, statutes dictate that a person must leave a retail store with intent not to purchase an item before they can be detained. Some states such as Arizona have more strict shoplifting statutes. According to Arizona law 13-1805 subsection B "Any person who knowingly conceals upon himself or another person unpurchased merchandise of a mercantile
establishment while within the mercantile establishment shall be
presumed to have the necessary culpable mental state pursuant to subsection A of this section."

Some recidivist shoplifters in the United States have been given long sentences under three-strikes laws, such as Leandro Andrade, who received a sentence of 50 years to life; such sentences have been affirmed as neither cruel nor unusual punishment by the U.S. Supreme Court. See also Fixing Broken Windows for an explanation of the theory underlying such laws.

Answer 7

My little sister stole a pair of earrings from Claire's one time with her friend, and she was 13.

She and her friend had to goto court, do about 80 hours community service, pay a large fine, and goto these weird pre-teen, juvenille, anti-crime classes or something.

But, we live in New Orleans, and they are pretty weird when it comes to petty crimes.

I had to pay $110 bucks for a ticket when my headlight was out.

Case in point haha.

I wouldn't sweat it too much. Look pretty and cry and you'll get off ;)

Answer 8

Being 19, you'll be charged as an adult, not a juvenile. You may get off lightly because it's a first offense. Possible community service, restitution for what your stole. If it's a misdemeanor, there won't be jail time.

Answer 9

Your lawyer could do that, but it wouldn't do any good if the store wants to press charges. Best bet would be to ask for community service. And I would suggest you get a life, not a lawyer. If you had one you wouldn't need to shoplift.

Answer 10

well i knew somebody who stole merchandise back in 11th grade and she got probation b/c she had money on her and she stole less than $200 worth. IF it was the 1st time you did this and your only offense ever, then you'll probably get off easy. It also depends on your state, this one incident took place in GA!and dont do it again!!!