Caught Stealing and Worried About My Criminal Record

My question involves criminal law for the state of: Texas

Just as I thought I had the greatest week in school, I was caught yesterday 12/3/10, shoplifting at Wal-Mart with my friend but he/she was my look out...

I am a 17 year old teenager who will hit the age of 18 in less than a year, from what I have learned from searching endlessly and thinking hours upon hours on law on my situation, is that my criminal record restarts as soon as I hit the age of 18.

I stole some cards yesterday and was caught by a disguised cop who looked just like a regular shopper. The total amount of stolen merchant was ~$15 in booster packs. None of the packaging was disturbed and everything was intact.

The disguised cop followed me to the entrance of the door and asked me to look in front of me and notice the cop and my heart started racing. They knew what I did and so did I. I submitted to them peacefully, and said "Yes/No, sir." Everytime I replied to a question. I was handcuffed without problem and we walked towards the room where they got my information. On our way there I noticed a few students from my school. I was so embarassed and ashamed of what I have done...:wallbang:

I entered the room and they patted my pockets, they confiscated 5 packs and a special edition card, which they bent when they were searching me. (That would mean I didn't deface any merchandise so should I be fine?) They also collected information from me, but for my address I forgot 'ct' which means court. (Will they charge me for lying if they found out I forgot to say court (ct)?) They wanted my phone number but I gave them my cell :( because they asked for 'My' number so I assumed the number that I currently held. They notified my mom (Who I so thankful for for not telling my dad... My dad would've beaten me senslessly...) I was given a citation meaning I'd have to go to court, and they told me that they contacted a lawyer for me from a different state and told me to think of a payment plan and that my court date will be in January.

Also while I was in the station, they took a picture of my face, and after getting everything they wanted from me, they began talking about other students who stole there, and trying to be kind in every fashion, I joined in there conversation, we began laughing at one rediculous story on another teen came by to steal cards and ran. I felt kind of welcomed, but then again from what I heard from other sites, the security just does that to calm offenders down, which worked.

I left the station with a fake smile on my face and told the security crew to have a good evening and for thanked them showing me what I have done wrong.

I feel like all this is set in stone. My mother when I am alone with her, she would remind me about my bad action and give me all the cards I have collected (which weren't stolen) because she knew that playing with cards will get me into trouble..

-Is there a way I can have any these charges dropped? It was $15 in cards, each pack not being defaced except the one card that one of the security members crumpled as he pulled out out of my pocket.

-If charges aren't dropped, will this misdemeanor affect me getting a job in retail other than walmart?

-Will calling wal-mart about what I have done and apologizing to them help my situation at all?

I am an AP student who learns from his mistakes, and sometimes I will go into punishing myself 2 fold to help me remember to never pull a stunt like that anymore. Being 17 or even being a teenager can be hard sometimes..:wallbang:

From your post you already admitted guilt to the police. However, stop talking about this to everyone except a lawyer who will represent you.

It is unclear to me if the police know about your friend being involved or not. If not, and they find out, you could be charged with the juvenile equivalent of a felony, namely, burglarly. Shoplifting with a partner is evidence of a common plan or scheme to steal before entering a building and that makes it a felony. A felony is a very serious crime. Hopefully things will not go to that level.

You absolutely must get an attorney to represent you. The reference that was made about an attorney in another state was an attorney for the store, not you. That lawyer will likely send you a civil demand letter, demanding that you pay damages to the store. That is separate from any criminal charges.

Since you have not been convicted yet, it is not necessarily set in stone. The reason it is so important for you to get an attorney to represent you is that there still may be a way to avoid a criminal record. Your state might have a diversion program that would allow you to complete an educational program and perhaps do some community service, but avoid a criminal conviction. You should hire a lawyer before the court appearance. If you cannot afford one, ask the judge to appoint one for you.

If you do get convicted, it will probably be as a juvenile. This is better than a conviction as an adult, but it still may show up in the future. A criminal record does not really "restart" when you turn 18. In some states, juvenile records may be publicly available. In others they are not. The question also comes up on job applications: "Have you ever been convicted of a crime?" If you are convicted, even as a juvenile, to truthfully answer the question you would have to disclose the conviction. Even if the prospective employer cannot check juvenile records in your state, you do not want to start out a job on the basis of fraud.

Regardless of whether you are ultimately convicted or not. this will likely make it difficult for you to get a job in retail in the future. Your name will probably be entered into a national retail theft database by the store.

The fact that the store recovered the merchandise really has nothing to do with it, except that it might have some small effect on the demand letter the store's attorney will send you. Likewise, the fact that one of the cards was damaged when the officer pulled it out of your pocket does not matter. As the thief, you set the chain of events in motion which ultimately resulted in the damage. As I said though, that has little or nothing to do with your overall problem.

So, since I have been granted a citation, I have to go to court no matter what?

If the court hearings go by with ease and I end up not being convicted, will none of this appear on my records?

As for the civil demand letter, what would happen if I were to pay it off? I've heard that paying it off imediatly will make me look even more guilty and things wouldn't turn out as well as trying to show them that I am deeply sorry.

And I thought that if I still had products/merchandise that was still in sellable condition, punishments won't be as severe. Is that true?

The Civil Demand is a separate issue from the Criminal Charge. Best to pay it, as the amount can increase (double, triple, civil lawsuit filed, add in their court costs, and the civil lawsuit can also affect your credit history).

Vaye12. Yes, since you were given a citation you have to go to court no matter what. You committed a crime and you have to deal with the consequences.

The court hearing will not "go by with ease" unless you obtain a competent lawyer to represent you. You don't know the rules or the system. The only way you can navigate through this problem is by getting independent legal advice. Do not expect prosecutors, court staff, or judges to look out for your best interests. They are primarily interested in clearing cases.

Having said that, if at the end of the proceedings you are not convicted then you will have no criminal record. If the reason you are not convicted is because you have been through a diversion program, though, the diversion option may not be available to you in the future if you are caught shoplifting again.

Different people have different opinions about paying a civil demand. I understand your point, but I concur with Pandora's Box and I would lean towards paying it off. I do not believe that most judges consider paying a civil demand as relevant to a criminal prosecution. Besides, I don't think you have to worry about looking "more guilty". On the facts you described they have you dead to rights and your only hope of avoiding conviction is to qualify for diversion, if it is available in your jurisdiction. If anything, paying the demand might help just a little bit there, if the judge considers it at all, because it does show that you would be taking responsibility for the consequences of your actions. However, you should talk to a lawyer before paying the civil demand.

The fact that the store recovered merchandise in sellale condition has very little, if anything, to do with the degree of punishment you can expect. From your description the amount involved was fairly trivial anyway. What is significant is that you engaged in an act of deliberate theft, not how much you stole.

A Texas juvenile court has jurisdiction over children between the ages of 10 and 16 and of children who are 17 but who committed offenses before becoming 17. if you were 17 when you committed this offense, it's an adult offense that goes onto your adult criminal record.

Is there anything I can do to show that I am really sorry? My mother says to call the manage and pay for what I stole. My court meeting/hearing is in 2 months and I really really want to get out of this situation. Not saying that I am not responsible, I just don't want to dealwith more stress than I am now.

I don't mean this to be a jerk, I really don't. But everyone who steals is sorry - after they're caught. Dealing with the stress is just part of the chain of events that you set in motion.

The time to worry about your criminal record or the stress involved in finding out what kind of impact it will have on the rest of your life is before you steal, not after.

I don't think you are listening to advice here. The best way to relieve your stress is to GET A LAWYER so you can have a good idea whether or not you may be eligible for a diversion program that will allow you to avoid having a criminal record. If you find out the facts on that, you won't have to be running yourself into circles for the next two months.

Don't call the store manager. It won't help. It may make things worse.

I won't go as far as cbg did. After the theft you do have to worry about having a criminal record and the impact it will have on the rest of your life. However, I agree with him when he says that it is commonplace for thieves to apologize after the fact. And pretty much meaningless because of that.

You made a dumb mistake by shoplifting. Don't compound it by going off and doing things that won't help the problem. Get a local lawyer and get some sound advice on what your options are, come up with a plan of action, and stick to it.

Well, I didn't exactly mean that he didn't need to worry about it now - just that it would make more sense to do it beforehand. But I take your point and will be more careful about my wording in the future.

BTW, I'm a she. :)

Yeah you guys are right, I am guilty of everything that happened on that fateful day.

It's just really hard being me at the moment. Now, I'm not saying that no one else isn't in a worse situation than I am. But school is just driving me nuts (My parents want me to be an A+/AP student and I try my best to deliver.), my social and love life feel like they're going down the drain to begin with, my Ex hates me and I hate myself for even having a clingy personality, and social wise I feel like I don't have anyone to hang with that could be a good influence. Honestly this whole situation could be because I was accepted as friend in with these group of kids that play cards as well. But there isn't anyone to be blamed but I. So like everyone has said in this thread, I should just suit up, shut up, and deal with in the best way I could.

You screwed up but what is done is done,don't do it again and learn from it,no use stressing out so much. It sucks but being 17 you will be charged as an adult,it's best to hire a lawyer like the others said,be quiet and follow their advice. It could be a long shot but with a good lawyer maybe they can push for a dismal b.c the amount is low and they can say your a good kid and a conviction will sting. I would explain that to a lawyer,he could try for a diversion program also if that's available or get the charge lowered to a class C misdemeanor with adjudication withheld and file for expungement. I think being 17 can help b.c I think stores sometimes have a database of shoplifting but I think it's only for those 18 and over.

cbg

I agree, completely, of course, that forethought would be a lot better than afterthought and that an apology after one is caught usually comes across as an expression of sorrow about being busted, not for the wrongful act.

Sorry about the gender mistake!

i agree on this post, what is done is done, All u can do is pray, no need to stress urself over it.

i myself hire a experience lawyer, be honest with him, and hopefully he can get my case dismiss.

Quote:

---

Quoting tc498

---

You screwed up but what is done is done,don't do it again and learn from it,no use stressing out so much. It sucks but being 17 you will be charged as an adult,it's best to hire a lawyer like the others said,be quiet and follow their advice. It could be a long shot but with a good lawyer maybe they can push for a dismal b.c the amount is low and they can say your a good kid and a conviction will sting. I would explain that to a lawyer,he could try for a diversion program also if that's available or get the charge lowered to a class C misdemeanor with adjudication withheld and file for expungement. I think being 17 can help b.c I think stores sometimes have a database of shoplifting but I think it's only for those 18 and over.

---

Okay, well it's been about 3 weeks since the incident, and I believe I lost my citation note. :/ Now I know I HAVE to go to court, and right now I have no idea when my court hearing is, other that knowing it's some time early in January.

I have yet to contact a lawyer. And if so I should probably contact one promptly. How long does it usually take for a lawyer to arrive?

Is it possible that I can get a cheap but effective lawyer? I really don't want my parents to have to pay a large sum of money for what I did, and the economy is hitting them enough as it is.

And about the hearing date. How can I find out when my court hearing is? I've cleaned my room and I have no idea when it'll be and I have no intentions on going to jail only because I didn't know when I had to show up for court. :confused:

You can call the Clerk of the Court for the county/jurisdiction you were arrested. Look them up online or in the phone book. They should be able to give you your court date. And sometimes it may even be listed online.

You need to talk to your parents NOW about either a lawyer or getting a Public Defender (if they cannot afford the money for a lawyer). Even the P.D. will cost your parents money. If your parents are able to afford a lawyer - it can be atleast a thousand...

Do you have a link to where I may find information on my court date or to contact the Clerk?

Also Yes, my parents have been talking about getting a lawyer but they won't get one until we find the date that I have to go to court.

Do a search for (your county), (State abbreviation), court