First time offender. Would you please let me know who is the lawyer who fought for you and guaranteed your clean record? And how much did you pay in general (including civil demand)?
Im a very dedicated student with a good relation with everyone around me just like you. Professors and relatives have great expectations on me, and my dream is to contribute to the society. I know that Im really silly to be saying these things after I have shplifted, but I was trying to save some money for my parents...I know...thats still not right...
So please...help me.
First Time Offense, Petty Theft in Walmart
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09-19-2010, 07:05 PMCaliforniasillyRe: First Time Offense, Petty Theft in Walmart
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09-25-2010, 06:15 PMfirst_time_offenderRe: First Time Offense, Petty Theft in Walmart
Californiasilly, he did not guarantee me a clean record. I am just eligible to have my record sealed and expunged in December. Even then there is no guarantee that there still won't be a record of this somewhere. Anyway, I have sent more information to you in a message.
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09-25-2010, 06:23 PMtc498Re: First Time Offense, Petty Theft in WalmartPlead not guilty and work w.a lawyer to try and get yourself in to a diversion program,this will leave you w. out a conviction. The arrest or something might come up it depends. With diversion you won't be convicted of any crime.Quote:
Quoting Californiasilly
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09-25-2010, 07:16 PMPandorasBoxRe: First Time Offense, Petty Theft in Walmart
A Diversion Program still goes on record.
There is also the Retail Theft Database. -
09-26-2010, 05:32 PMCaliforniasillyRe: First Time Offense, Petty Theft in Walmart
I am just eligible to have my record sealed and expunged in December. Even then there is no guarantee that there still won't be a record of this somewhere.
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Even with diversion, my case will still remain in the theft datebase.
So, what's the difference between having record expunged or not expunged, is my shoplift case will still reachable when employers check my record? =( does this mean that there's no cure? =(
or you guys mean that only retail stores will see my shoplift record, but it wont be visible to other companies like schools, financial aid programs, or corp that are not retail stores?
At least I know for sure what to do in my first court day : plead not guilty, ask for a public offender or get a lawyer to get me into diversion program.
How do I know whether I qualify for a PD? Im 19, unemployed, full time college student, my parents pay my fees.
By the way, is it the only option to plead not guilty? is it ok to say "I remain silent" ? Because...if Im there, is because I have done something wrong, and I feel like Im being shameless to say "not guilty". I dont want the judge to think that Im a dishonest lier =(
Thank you first time offender, tc498, and PandorasBox, Im so touched that I have met kind people like you guys =') I promise all of you that I will be a much better person after this. -
09-27-2010, 02:29 PMfirst_time_offenderRe: First Time Offense, Petty Theft in Walmart
If it is not expunged, it remains public record and visibile to everyone. If it is expunged, then it is removed from public records and can only be accessible in special circumstances. However, it might still be found in certain private background checks and I've read of incidences where background check companies do not want to remove a record from their files even if it has been expunged.
The National Retail Theft Database is accessible to retail stores and if you're applying for a job in retail, it might be checked. If not, then I don't really see it affecting you.
You'll know if you qualify for a PD when you go to court and make your application.
To answer you last question, it's perfectly fine to say 'not guilty'. The judge won't consider you a liar if you do. -
09-27-2010, 03:46 PMCaliforniasillyRe: First Time Offense, Petty Theft in Walmart
Thank you very much, First Time.
I have been calling several attorneys, and the cheapest one would be $850 =( thats kind of significant. But one of them told me that if they get me into diversion, I would only have to pay for the class, and nothing else to the court (federal), and of course, the civil part. You are so lucky that you got one who helps you with $250. Or is it counted hourly istead of flat fee?
Im fiding out the fees to hire an attorney since Im affraid that I might not be eligible for PD =( One of my parents has high income, Im 19 and I dont work, and they pay for my college.
Could anyone tell me whether I might qualify for a PD? Otherwise I should really have a private attorney from the 1st day at court. =( -
09-27-2010, 09:07 PMfirst_time_offenderRe: First Time Offense, Petty Theft in Walmart
You could check to see if you could pay that $850 on a payment plan. The fee I paid was a flat fee because I never went to court. My lawyer told me if the case actually went to trial, then it would cost more. Also, I have to pay $350 in December for him to start the expungement process.
I'm not sure what the requirements are for you to qualify in California. I know in my state, eligibility is based on a person's income being equal to or less than 200% of the federal poverty guidelines or cannot afford an attorney without incurring hardship on his/her family. -
09-28-2010, 12:18 AMtc498Re: First Time Offense, Petty Theft in Walmart
It probably depends on the court for the pd,850 is not bad for a lawyer. The theft database is more for retails then employment backround checks. I remmber cdwa posted that some courts are easy to get a pd,others it's can be hardier. Google your local pubic defender society,they me be able help u out .
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09-28-2010, 01:19 AMmr.unluckyRe: First Time Offense, Petty Theft in Walmartim in the same situation but mine is alot worst i have 3 warrants in a dif state and think i may be extradited back to MA from NC ...im going to pay the 150$ this week i was hoping that when you do that that most the time they will drop the charges but thats not the caseQuote:
Quoting first_time_offender
did you get arrested or a citation?
i got a citation and my warrants are not showing up when they run my name but that must be because there misdemeanors but i know they will see them in court in a month...
as for your question...
i had never heard of pre-trial diversion but this explains it pretty well i wish i was eligible for it lol... good luck with this and im sure you will be fine
http://www.suite101.com/content/what...version-a59358