First Time Offense, Petty Theft in Walmart

My question involves criminal law for the state of: Florida

I was detained by the loss prevention department in Walmart in Miami a few days ago. The police gave me a citation with a Promise to Appear in court and said I would be receiving a notice in the mail. Also, the loss prevention department made a mistake in the total and listed one item twice so the total on the citation was $32.80 when the actual value was $24. I contacted them about it and the woman in LP said the price does not matter but admitted to listing one item twice and said she would make the change before I went to court.

I've been doing some research and I have a few questions:

1. What should I plead when I go to court and do I need a lawyer to be present with me the fist time?

2. With regards to diversion, how would I go about asking for it?

3. If I am granted pre-trial diversion, what will show on my record? Is it automatically removed after the 6 months or so or would I still need to file papers to have the record removed.

My stats: I am 22 years old, a master's student with a clean record (not even a parking/speeding ticket). I can't even explain what made me do it and I've been so torn up about it that I haven't eaten or slept in the past few days. My biggest concern is having this be on my record because I graduate in a few months and I'll be applying for jobs. I understand that it would be best to consult a lawyer but I do not have the funds to get one. I plan on searching for some free consultations but I would just like a bit of advice beforehand. If anyone has been in a similar situation I'd like to hear from you too.

Any help you could provide would be greatly appreciated.

1. Plead not guilty. If you can't afford a lawyer, ask for a public defender.

2. Your lawyer would know how, if it's possible. It may not be. If you can afford a lawyer, get one before your arraignment. If not, ask for one when you go to court.

3. That depends on the nature of the program. Your lawyer would be able to answer that. Usually, the charge is dismissed after completion and will show up on your records as dismissed. It's hard to find a job with anything at all on your record, but it may be possible to get it sealed or expunged.

Thank you so much for clearing this up! I'll be sure to post an update after I go to court.

I called three lawyers so far and I have meetings set up for tomorrow. My arraignment is next Monday. I just have a couple questions about choosing a lawyer. The first lawyer said that because it was my first offense, he would charge $250 (excluding court costs). He also said that he is fairly certain I would be able to get into a diversion program. That fee seems a bit low (I'm not complaining). I just always thought lawyer fees were over $1000. Another lawyer I talked to told me that the judge I was going to be in front of on Monday was an awful judge and I should come and see him (he said he would tell me his price when I met him). I had googled the judge and most of the comments I am seeing is that he is a very fair judge who likes to explain extensively the charges you are facing so that you have an understanding of the justice system. I only spoke to the receptionist for the third lawyer.

I was just wondering if anyone had any tips about choosing a lawyer and what I should be looking for in my consultations tomorrow. Also, does anyone have any feedback on what they told me so far? Thanks!

Choosing a lawyer:

All I can say is go with your gut.
If you feel like you ask friends, etc...."have you heard anything about (lawyer) do so.

If you don't like a certain lawyer, don't retain him/her, no matter the price.

Thanks Pandora. I chose one today. All I can say is a feel a lot better now knowing that I don't have to go through the entire process alone. My arraignment was scheduled for Monday but now my lawyer is saying that I don't have to go and he will file a notice to appear. After reviewing my case, he is saying that there is a strong possibility that he can have the case dismissed. Also, I had already made a payment for the civil demand and he told me to let him handle any further communication with them. I'm looking forward to the end of this. I just want to say thank you for all the help and information I have gotten from this forum so far. It is really helping me to make informed decisions about my situation.

I'm almost in the same situation with u could u please refer me to ur attoney?

shaquie...

Please read instructions.

(1) Start your own thread.
(2) No one here refers a lawyer.
(3) When you make your post, be sure to tell us the state you live in.

Im 24 ,a college student in Florida.I went to a walmart with items I bought from another store while I was there i put items from walmart togetter with the previous ones in the same shopping cart,I paid for some of the items to the cashier and walked out off the store.the security call the police and said I have unpaid items into the bags.they put me under arrest etc.... they gave me a yellow paper (defendant copy ) to appear in criminal court (in 1 month)
The things is I don't even know why I did such things like that because i had the money in my purse .When I asked to pay and explained it was a mistake the police officer said to late < good thing for you! you have a clean background !>
The only thing i can say those last month I have been through so much Some times I thinking about suicide. i really care about my family and the only hope I have to help them is my school, now wondering what gonna happen due to the fact I don't have enough money to afford a lawyer and I dont even see myself appear in front off a juge for thef. I don't know if I'm gonna be able to make it. If you can help me please do so!

Just a quick update and a question.

My lawyer told me that I was accepted into the pre-trial diversion program today so I will not have to attend my trial date that was scheduled for next week. I'm rather relieved about that. I just had a question for anyone who has ever participated in one of these programs or knows of the process. What is it like and what should I expect?

Thanks again for all the help I've gotten over the past couple months. I'm finally beginning to see the light at the end of the tunnel. :)

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.

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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Quoting Californiasilly

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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.

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Plead 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.

A Diversion Program still goes on record.

There is also the Retail Theft Database.

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.

and

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.

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.

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. =(

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.

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 .

Quote:

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Quoting first_time_offender

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Just a quick update and a question.

My lawyer told me that I was accepted into the pre-trial diversion program today so I will not have to attend my trial date that was scheduled for next week. I'm rather relieved about that. I just had a question for anyone who has ever participated in one of these programs or knows of the process. What is it like and what should I expect?

Thanks again for all the help I've gotten over the past couple months. I'm finally beginning to see the light at the end of the tunnel. :)

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im 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 case

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

I had a Pre-Trial Diversion on a open intoxicant in vehicle charge.

I had to pay $350, and do 40 hours community service within 3 months.

Mr Unlucky, I was issued a Promise To Appear, that still counts as an arrest.

Pandora and Mr Unlucky, thanks for the answer to my question but I went through the pre-trial diversion process already a week ago. I went to a four hour class (we were only made to stay 2 and half hours) and I have $250 to pay by December 1st.

Hi everyone. I received my civil demand letter today, and they want me to pay $350. Can this be prevented to pay or make a deal? Or I have t o pay it with no other option?

Besides from civil demand, what are other expenses I would need to consider? Fees to PD, diversion classes(hopefully I can get into one), and what else?

=(

I wonder whether I should hire the lawyer that asked for $850 ,so I can lower my expenses and have probably better results.

Pay the Civil Demand. Or call and make payment arrangements.

You will need fees for either a lawyer or Public Defender. Court costs and fines. Keep aside money in case they order Community Service, Probation, or Classes, none of these are free.

Its been 3 weeks, I only have the civil demand letter so far, and I dont have the notification for court day yet. But its very likely that I will have to present at the court right? Because the amount of my case is $139.