Caught Shoplifting Merchandise at Walmart

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

This was a huge lapse in judgement and I regret it. Please help me! I have never been in trouble with the law before (no criminal record or anything like that). I got pulled over for speeding ONCE and that was when I was 16. I am now 20, and got caught shoplifting at Walmart. I was stopped by LP and asked to follow them into a small office. They told me to take the items out of my purse and set them on the table (I did). I was very cooperative with them. I'm pretty sure I was shaking because I was so scared and realized what I had just done. I took a drink, small snacks, and a head band. The total for these items came to almost $16. They asked me all of my info and I answered everything. I started crying because I know I am better than that. I am a good college student (3.7 GPA), and have a great job that I really do not want to lose. They filled out paperwork, took my picture, and then called the cops. I sat there crying and patiently waiting for the cop to arrive. One of the LP guys handed me a tissue and said, "I can tell you aren't a bad person, you just made a bad choice." Which is 100% true :(..

Anyways, the cop shows up and asks me to verify some of my information as he is filling out the summons for my court date. He hands it to me and says I am all set to leave.

Completely ashamed of myself, I write an apology letter to the Walmart that I stole from and bring it straight to customer service the very next day. I asked to talk to a manager and it turns out to be 3 of them by the end of it. I was so upset and they could tell. The highest manager of the 3 told me "thank you for this" and "this is really appreciated", I thanked them for their time and they wished me good luck. I left after.

My court date is April 23. I have contacted 1 lawyer so far and he really didn't help me much, he just wanted me to hire him. I have done some research and am really hoping that I can be enrolled in the diversion program. I don't want this immature mistake to backfire on my job opportunities or financial aid for college. I do not have enough money to hire a lawyer. I know there will be fines and I am willing to pay them without question.

My questions are:
I plan on pleading guilty, is that the right choice for my situation?
How can I be enrolled in a program that allows this to be "expunged", "pardoned" or "sealed"?
I have heard about the ACD.. What is that exactly and would that be an option in my circumstances?

I'm sure I have a million more questions, but my mind is everywhere right now. Any advice and helpful information will be greatly appreciated.

You have a "great job" and are in college, which means you likely will not qualify for a Public Defender.

You want to ask lawyers about the Diversion Program. But understand there will be a probationary period. Likely 2 years. And you may be spending 7 years on the National Retail Theft Database.

You can expect lawyer fees ($1500 is common); court costs and fines. Civil Demand from the stores lawyers. I don't know Maine's Civil Demand Laws, but atleast $150. This is separate from the criminal case. As part of an ACD, you may get the pleasure of paying for your time in Community Service.

unfortunately, when you wrote the apology letter...congrats! You just handed the store extra evidence in the event of a full-blown trial.

College: You need to start researching job requirements of your program, how thorough is the Criminal Background Check? Would suck to earn a Bachelor's and then find out you won't have a job.

Seriously hon: A shoplifting conviction can mean you won't even be working a minimum wage retail job, let alone a job requiring a college degree. You won't be working with Seniors or the Elderly - you won't even be doing their laundry; banking, accounting, pharmaceuticals, nursing....do you now understand how bad you need a lawyer?

"I don't want this immature mistake to backfire on my job opportunities or financial aid for college. I do not have enough money to hire a lawyer." (You have a great job....= you can afford a lawyer)

The time to think of this was as CBG will tell you...before you shoplifted.

Next: Do not bring up your GPA to the judge - you are smart enough to know better.

- - - Updated - - -

Forgot to mention: Many apartment communities can refuse to rent to a shoplifter.....

When I said "I have a great job" it does not mean I make a lot of money.. I have a job that I enjoy and can grow from, which I consider "great" because it is not one I dread going to every time. And as for college, the only reason I am able to go is because of financial aid; otherwise, I would not be able to afford it.

I wrote the apology letter because it was the right thing to do. I am not trying to get around the law, I am trying to get a second chance. I'm admitting my mistake and hoping that the prosecutor and the judge can see that on my court date. So, I am going to plead guilty. If I am able to get the diversion program would it be offered to me before my plead or after? Should I mention it to the judge/prosecutor?

I do not plan to bring my GPA up or anything like that in court, I was just providing examples.

I forgot to mention, when I left Walmart, they gave me a paper that says they can fine me and it had the number to their law offices. I plan on contacting them to talk about my situation. I am going to tell them how sorry I am and how horrible I feel about this (I understand that they get many calls such as mine each day). Will this help me at all? Should I mention that I wrote an apology letter and gave it to the managers?

I am really beating myself up about this. I can't sleep, I can hardly eat, and I can't focus on anything.. I need guidance, not a lecture. I know what I've done is completely wrong and I will NEVER do it again.

You will get the Civil Demand fine from WalMart no matter what you do.

You need to ask a lawyer about a Diversion. Never go into a court case alone. That is like sending an untrained person into a WWE match.

From what I can see, Maine prosecutors can offer a "filing agreement" in which no plea is taken and a charge is dismissed after a defined period of time if you stay out of trouble, but are more likely to offer deferred sentences where you take a plea and the charge is reduced or dismissed if you complete a period of probation while staying out of trouble. A filing agreement is preferable, but you'll have to investigate the practices of the prosecutor in your county to see if they are offered, or if you're eligible for either type of relief under the prosecutor's policies.

Sometimes the prosecutor's office will have information on its website about special programs for first offenders. A local criminal defense lawyer can also explain local policies.

Thank you both so much for your advice and guidance.

Mr. Knowital, I am definitely going to look into the "filing agreement." I haven't come across that during my research, so thank you for informing me! I am going to contact more lawyers and see what they say. I will update soon.

I don't have anything to add to the above advice but you should check and see if your college offers any legal services to students. The exact systems vary greatly depending on location but most schools have at least a program offering a free consultation and referral, others offer severely discounted representation.

I am going to meet with a lawyer Monday for a free consultation. I have never been to court so I don't know what to expect at all, I think it's best if I have a lawyer. I am also going to sign up for counseling and bring proof of it to court as well. I need to fix this problem and I feel like if the judge and prosecutor sees that I'm trying, and how I'm making sure it won't happen again, they may give me a second chance..

The counseling is a great idea. And yes, bring the proof. Present it to your lawyer and let him present it to the judge, or if you should do it.

Court...you can go anytime as a spectator and see what it is like.

For your appearance, and these are all basic things:

- If you have an unusual hair color...dye it to a normal one like brown, blonde, natural red....you can dye it back later.
- Take out the nose/eyebrow piercings. Keep it to simple 1-2 studs in each ear.
- Dress nice. Suit/pantyhose/dress shoes is a good idea. Or dress pants, top, blazer.
- Avoid t-shirts/shirts with logos, messages.
- Go light on the perfume.
- Before court, do not drink or smoke.
- Do not chew gum or bring food.
- The judge is "Your Honor".
- If you cannot hear the judge well, or need to present evidence of Civil Demand paid, ask to approach, or who you need to help you.
- Turn off your cell phone.
- Do NOT bring children or friends.
- Just like an airline....you will enter, place your purse, jacket, etc, through a metal detector. Go inside, check in at the court you are assigned to. Find a place to sit and wait for your attorney.

In some courts it's best to leave the electronic devices in the car (or at home). They are not permitted in court even if you turn them off.
Don't even think about bringing firearms, knives, pepper spray, or anything else remotely resembling a weapon.

The clerks, bailiffs, etc... can't provide legal advice but generally are helpful with questions like "am I in the right place?" etc...