First Time Shoplifting < $250

My question involves criminal law for the state of: Colorado.

-I am 26 and was issued a summons for a court date by the Boulder police after a shoplifting incident.

the incident:
-shoplifting of $201 of winter clothing from a local hardware/general goods store. (apparently they have a significant shoplifting issue). the security approached me as I left the door about merchandise in my coat, and then escorted me to the back room. I was entirely cooperative and had a positive attitude, which I believe they wrote down. They said they have a zero tolerance policy. They took my photo and put it in a file and had me sign a paper acknowledging that I am banned for at least one year and will be trespassing if I return. Then they had me sign a paper saying I must pay the civil penalty of $200, I must call within 1 week to set up a payment plan(Should I pay immediately?). The the police arrived and issued me a summons for a court date for theft two months from the offense.

I was asked if this was my first offense and I answered no because I've never stolen before. I'm uncertain about the status of my criminal record: I had 2 underage drinking MIPs within 1 month in 2007. I completed a diversion program, community service and a class. I believe that record is sealed. Will this be held against me?

I have no idea what to do next.

I have almost no money.

my questions:

-Does first time offender refer to theft or of anything? (MIPs, 6 years old)

Do I need a lawyer?

Why did the police ask for my work address? Should I have refused? Will this be reported to my employer? School?

Are people in a diversion program on public record as guilty until probation is over?

Am I going to go to jail?

Am I eligible for a diversion program?

Are most non-profits eligible for community service?

If someone from the store doesn't show to the trial will it be dismissed?

-Should i write a letter of apology to the store or is that admitting guilt?

-If the terms of the diversion program are 24hrs community service, a class, and a year's probation, should I start this process immediately? Like could community service completed and documented pre-arraignment be accepted? Should I try and meet with a case manager?

-Is it appropriate to ask the store to participate in a restorative justice program and drop the charges? (I take a class, pay their civil penalty, and do 4 times the amount of community service I otherwise would've been sentenced)

-if a diversion program is completed and the record sealed, will that show up in a background check?

Any advice would be greatly appreciated, thanks.

Your previous charges and diversions can be held against you when the judge/prosecutor have any discretion. There is no automatic sealing of juvenile records in Colorado and even if you had requested they be sealed, it will still be visible in this case.

I would recommend a lawyer.
If you are indigent and unable to pay, rather than just being unwilling, ask for a public defender.

Start saving your pennies.
Even if you don't get a lawyer, you'll have to pay a fine, court costs, and even if you are in diversion, diversion costs.
Then there's that $200. I'd get that payment plan nailed down before the charges increase.

Diversion is discretionary, primarily on the prosecutor's part. I think you probably have a good shot at it.

What do you mean about the non-profits? You mean where can you do your community service? Usually you can do it anywhere that the organization will be willing to sign the paperwork. Some are more attuned to do it than others. Some won't want your thieving body anywhere near their organization.

If it comes to the point where LP is needed to testify against you, they will be summonsed by the prosecution. The case will be continued until they can attend. This isn't traffic court.

Do NOT talk to anybody other than your lawyer.

Diversions record as a guilty plea. When you successfully complete it you can petition to have everything sealed.

Don't get greedy or impatient. The legal process is not to be set up for the convenience of the convicted thief.

Your store is unlikely to be interested in mitigating the charges if they bothered to call the police. You can ask. It would be better if your attorney handled it.

If you get your diversion sealed, it will not be visible to most private background checks. Law enforcement and government security won't tend to be affected.

I thought I should update this post, for anyone that came across it because they are looking for information for their own case. I hope this might be in some way helpful.

I spoke to several lawyers and was quoted $500-4,000 for obtaining a plea deal of 1 year probation, 24 hours community service, and a class. One claimed to be able to get the case dismissed outright. The last lawyer I spoke to said that considering my financial circumstances, she felt I should know a lawyer would be uneccessary.

I went to my arraignment and I did not hire a lawyer. That was 100% the right decision. If you are issued a summons and this truly is your first criminal offense, you will almost assuredly be offered a deferred action plea deal without having to ask or say anything. No lawyer needed. The 2 MIP charges were stated to be completely irrelevant by the prosecutor.

The dollar value of merchandise involved in a theft case does affect how it is classified, it does not imply whether or not it is a first time offense. You are presumed innocent until proven guilty beyond a reasonable doubt.

Of the 40 or so people with cases that day of differing circumstance, offers were made to EVERYBODY. Court opened with a role call and an announcement that accepting offers was not necessary and everyone had a right to trial, and that there would be standard textbook offers for these standard offenses. There were plenty of people there with several priors who were still offered some sort of deal. If this is not your first offense, you may still be offered a deal. You do not need a lawyer for the arraignment, at that time you can say you are uncomfortable proceeding without legal counsel. Do some homework about what your likely outcomes will be so you will know whether or not to take the deal. If there is a mental health or substance issue at all involved, different offers (including programs and treatment) are made because it is seen as relevant. I believe most of these offers are drafted before court.

We were brought in small groups into a pretrial conference room (labeled traffic court) and spoke to individual prosecutors. I didn't have to say anything, the offer was made to me outright. I said nothing about my personal circumstances and did not admit to anything, I simply accepted the deal. It was much better than expected: plea deal of 16 hours of community service(there is a $100 processing fee), a one day class through NCTI ($80), and restitution paid to the merchant (not a civil fine, actual amount not to exceed the value of the merchandise), and the charges will automatically(do not need to appear in court again) be dismissed after a 6 month probation period. At that time I can petition to seal the record of the charges so that only government can see them($225). I had been advised to wait and pay the 'civil demand' until I knew what would happen. This was the correct decision because once I've the court documented restitution, it would be a waste of time and money to bring forth a civil suit because they would not win. ($200 wouldn't cover court fees). Total court fees came to $184. Maximum amount I will have to have paid will be $790. I certainly was scared straight and have sought help for my problem with impulse control.

The prosecutors, clerks, interpreters, and the magistrate were surprisingly very friendly and not at all intimidating. they even offered encouragement. I highly recommend dressing and presenting yourself appropriately: I am not sure the folks who showed up in sweats or with their asses hanging out were treated the same way.

- - - Updated - - -

-Restorative justice programs are available to the local students.

-No community service performed before meeting with a case manager will count.

-do not do an online class

Don't be so sure on that Civil Demand.

They can send you a new demand for double....then triple...then take your ass to court and include all their $250/hour attorney fees.

And once they win the judgment against you....they can screw up your credit rating.

Have a nice evening.