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Caught for Shoplifting at JCPenny and Got Misdemeanor Summons

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  • 02-08-2011, 10:10 PM
    bethany
    Caught for Shoplifting at JCPenny and Got Misdemeanor Summons
    My question involves criminal law for the state of: Louisiana

    My friend and me went to JCPENNY, she was stopped by antitheft team officer of JCPENNy and they found two thermal wears (around $48 and they had 80% off on them too) inside my friend's bag, they did some paper work and files misdemeanor summons on my friend. The cops came and took pictures of my friend and they took finger prints too. They asked to write that my friend has stolen the items and took a signature of her on that paper, she got afraid by seeing so many cops and did watever they asked to do. This happened yesterday, when will it appear on her criminal back ground. She is an international student, recently graduated, applied for OPT which is still in processing, will this affect her OPT approval. She is looking for a job, will this affect her job offers. If she wants to get this out of her records when she can do that, what is the procedure for that. Please help her with this issue
  • 02-09-2011, 04:43 AM
    flyingron
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    She'll go to court and if convicted (which she has a good chance of happening), it will then show on her record. I'm not sure that OPT investigations are very consistent in checking records, but it has happened before that they have run background checks. Her best bet is to get a lawyer to address the criminal charge and make sure the lawyer is aware of the immigration issues.
  • 02-09-2011, 05:42 AM
    PandorasBox
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    PS: 80% off means nothing. They always consider full retail value/original marked price.
  • 02-09-2011, 02:50 PM
    bethany
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    Thanks for your replies, can she get it out of it in her records, if she can what is the procedure. They told her that it will take a minimum of 2 months to get a notice to showup at the court. What is expungement means, how it can be done, is it available in Louisiana? and how much fine she would have to pay for this approximately
  • 02-09-2011, 03:25 PM
    PandorasBox
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    A lawyer is her best bet. The lawyer will know if a Diversion or First Time Offenders program is available (the laws vary by state and County). She will definitely want a lawyer, also, to advise her on any affect the charge will have on her Visa.

    Fines, etc: (These are just rough figures, going with what seems to be starting prices/my own experience).
    - She can expect court costs, fines. $300+
    - Fees for a Criminal Defense Lawyer. If she can't afford one, she should plea "Not Guilty" and ask for a Public Defender. HOWEVER - that still does not answer questions pertaining to her Visa. There will still be a payback obligation for a Public Defender, this is not free. $250+
    - The store will also mail her a Civil Demand Notice. She can expect this to be $250+. (This is separate from the Criminal case).
    - If she gets a Diversion Program or Community Service...these are not free either....$300+.

    Shoplifting comes with an expensive price tag. All in all, $2000+ is what she should expect this to cost her.
  • 02-09-2011, 08:51 PM
    bethany
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    what is expungement means? is it offered in louisiana, if so what is the procedure. Can she get this out of her records. One important question.... can she contact the JCPENNY manager and ask him to take back the charges and settle down with a fine between her and JCPENNY... Can she do that or is it a bad idea
  • 02-10-2011, 05:48 AM
    PandorasBox
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    She should not contact the store at all! First, that just gives them more evidence. Second, once the case is turned over to police and the court system, it is out of the stores hands.

    By the way - make sure she does not enter any JC Penney stores. She most likely signed a paper saying she is banned. If she goes to one, she can be arrested for Criminal Trespass.

    Expungement is when your record is basically sealing ones criminal record. Usually, you are not eligible to do so for a number of years. Again, a lawyer can advise her the best of her options....that lawyer will be familiar with all the State and County laws in which the incident occurred.
  • 02-13-2011, 12:32 PM
    bethany
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    My friend changed her address, she moved out of the city, the address cops took is the one in lousiana, she kept mail forwarding in USPS.... is that ok...... or won't she recieve the court notice............ what she need to do
  • 02-13-2011, 06:46 PM
    PandorasBox
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    I would contact the court to ask if a court date has been set.

    If she misses it...they can issue a warrant for her arrest.
  • 02-21-2011, 11:33 AM
    bethany
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    how can she contact the court...
    whom should she call up, can you suggest
  • 02-21-2011, 01:34 PM
    PandorasBox
    Re: Caught for Shoplifting at Jcpenny and Got Misdemeanor Summons
    The Clerk of the Court of (county she was busted in)
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