Caught Shoplifting at an Apple Store

My question involves criminal law for the state of: New Jersey

Two days ago I was in the Apple Store at the mall. I had purchased a case earlier that day, but it broke when I dropped my iPhone. Stupidly, I had gone back into the store and swiped the same case and was spotted by a security guard. I am a college student and in the process of going to OCS for the military. I have no record and have never been in trouble with the law. I can't get a charge or else I will be disqualified from the OCS program. I am broke ( i go to college lol ) so I cant hire a lawyer. So here are my questions..

1) Since it is my first offense and the case is worth 28.95, is there a chance I'd just get fined rather than a charge?

2) Do I plead guilty or non-guilty?

Any advice would be highly appreciated!! ASAP

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1) Since it is my first offense and the case is worth 28.95, is there a chance I'd just get fined rather than a charge?

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You're going to get both. Apple prosecutes aggressively.

2) Plead Not Guilty and ask for a Public Defender. You may qualify for a pre-trial diversion program, the completion of which may wipe the charge from your record.

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Quoting LawResearcherMissy

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You're going to get both. Apple prosecutes aggressively.

2) Plead Not Guilty and ask for a Public Defender. You may qualify for a pre-trial diversion program, the completion of which may wipe the charge from your record.

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Okay, thank you. That will give me a year of probation, right? In that case, I will still be disqualified from the program due to the fact I am set to leave May 1st. Are there any other options? Ah I hate myself for this, I wish I would have just purchased another case. Is there a chance if I plead not guilty and explain my situation to the prosecutor he may lower the shoplifting charge to an offense where I would just have to pay a fine?

You are not OCS material. Make sure you don't lie about this transgression.

The problem you are going to have is the military will probably ask about arrests, not just convictions, so you may be screwed either way. You may have to see about the possibility of enlisting as a grunt and working your way up to OCS again. Even if you get in, this could affect what jobs are available to you due to security clearance restrictions. Had this happened years ago it would have had less impact. Being fresh is not good.

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Is there a chance if I plead not guilty and explain my situation to the prosecutor he may lower the shoplifting charge to an offense where I would just have to pay a fine?

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Doubtful. You can ASK, but don't expect the prosecutor to care about your "situation", and don't expect the military to give you a pass on it,. The entire disposition of the case - from the original shoplifting charge all the way through the final outcome - will be available to them.

Thanks for the quick replies! I am going to try and plea with the prosecutor.. If he or she does not give me a plea bargain, what would my best bet be? Should I then ask for a public defender?

You ask for the PD first, then the PD tries to negotiate with the prosecutor.

Have the police arrested you yet? If so I would speak to someone from the military and ask what outcome can still let you be able to serve Then if arrested,ask for a public defender and see what he can work out. Someone can be in the military with a misdemeanor conviction but they need a wavier,you can pay a fine for a misdemeanor and have no probation but still have a misdemeanor conviction Given how serious it is,I would ask your family or try get a credit card or some other loan. Pick up a job somewhere or something it might make a Hugh difference.

Congratulations, as free9 says, you've screwed yourself good. If charges are filed you're toast. First off the military won't take you PERIOD if you have pending changes or if you are subject to probation (deferral-based or subsequent to a conviction). As you've realized OCS is tougher. Officers are expected to be of a higher caliber and require a clean (other than minor traffic offenses) record. Pleading guilty will be giving up.

Aggressive defense may get you off this, but it's not looking hopeful. Cases typically take 60 days or more from the time they are charged depending on how fast they get around to charing you might have you bumping up against your entry date.