JCPenney Shoplifting And Going To Court

[hollercrombie]

hi. a friend and i were caught shop lifting at a jcpenny store about 3 weeks ago. we stole about $30 dollars worth of merchendise (first time offense. completely stupid and don't plan on doing it again). when we were taken to the back room, a police officer was there for a few minutes but then left after he saw how little we stole. the LP guy told us we'd get fined up to $200. i don't know if he meant both of us or each one of us individually? it wouldn't make sense to fine both of us for that amount because only one set of items was stolen...but i don't know. we received info in the mail about a court date. however there was nothing about a fine. is that going to be discussed in court? the letter said the "purpose" for going to court was to get finger printed that's all. i was reading on here about diversion programs. should i ask for one if it applys? i'm from PA if that helps. i also read about getting public defender. how would i go about doing that? if it was even worth getting one?

any help would be appreciated very much. thankyou!

[LawResearcherMissy]

i also read about getting public defender. how would i go about doing that? if it was even worth getting one?

Given that a public defender is free, I don't see how it would be "not worth it" to have an attorney to advocate for you.

Show up at court, plead not guilty and ask for a public defender. Then talk to the PD about the possibility of diversion.

[usedbranflakes]

The purpose of going to court is because you are charged with a crime and will be allowed to enter a plea. Note that you are indigent, if you truly are, and ask for a public defender. The judge will enter a plea of not guilty and assign the case to a PD.

The "civil remediation" fine will be $200-$300, on average, and is separate from the court fine or any criminal restitution you are required to pay. You must pay both fines.

[hollercrombie]

thanks for your help!

this may sound stupid but why am i pleading not guilty if i know i did the crime? diversion erases this from my record, i realize, but they're able to prove i still did it...so i'm confused. would there be any penalty against me if for some reason i am not able to complete a diversion program? if i do get the diversion program am i going to be charged much more for another court appearence?

[LawResearcherMissy]

this may sound stupid but why am i pleading not guilty if i know i did the crime?

So you can talk to the PD about diversion, thus preserving your future employment opportunities, rather than blowing them to hell with a criminal conviction.

[gigirle]

First of all, how old are you?

diversion erases this from my record, i realize, but they're able to prove i still did it...so i'm confused.

This is considered part of a "bargin" so to speak. You need to do it this way in order to get a diversion keeping this ugly thing off of your criminal record. If you plead guilty, your toast! You then have a criminal record, this will haunt you YOUR ENTIRE LIFE! One way or another. Do what you need to do in order to not have a record. This is your one and only freebie.

would there be any penalty against me if for some reason i am not able to complete a diversion program?

Yeah.....they can find you guilty and then you can go to jail.

if i do get the diversion program am i going to be charged much more for another court appearence?

Don't know for sure, usually no, this is something that your attorney can answer. You probably will have to complete a anti-shoplifting program which can be done on the interent or via the mail. The cost for that is your and can vary. These are questions that your lawyer will explain.
I'm wondering if your of age, your questions are valid, but your lack of basic knowledge and understanding of what is going on here leads me to believe that you may be a minor. Please answer the question because if you are it changes the whole story.

[hollercrombie]

i'm 18 yearsold.

ok so i go to court, plead not guilty and ask for a PD. talk to him/her about a diversion program. but if the the PD say i'm not eligible for a program, i'm basically screwed? i can't find any info about diversion programs in PA online so i don't know the requirements. i'm assuming since i have no previous record, i'll be able to do it?

[gigirle]

Yes, I can't see any reason why you would not get a diversion or the like (might not be the exact term for where you live but your PD will understand). Just stay out of trouble learn from it and it will soon be a memory.

[hollercrombie]

ok just a few more questions...

i heard you must have a really low income to get a PD. is this true?

also my friend just wants to plead guilty and get this over with. how does it work if he pleads guilty and i don't?

[lost_one]

I just got back from court from the same thing a JCP retail fraud. I stole a 10$ necklace. I stole it so I am guilty i figured. Upon seeing the judge i pleaded guilty because i did it. All he did was say since this if my first offense he dosnt know a thing about me so he set a retrial and i did not go to jail. Its best to be completely honest. All i have to do is do community service till the court date.

My friend a wile back stole something from another store and she pleaded not guilty. month later her trial was and Sears showed up with a video tape of her doing it and a copy of a confession she did while being confronted in the lost prevention room. her sentence did include 5 days in jail and fines plus community service. I would advise your friend to plead guilty to get it over with.