What are the Consequences of Shoplifting

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

Hi everyone.

I recently stole some food from Kroger. About $15 worth. I worked at a sushi bar (under a different company) that was inside it. In short, I was caught. I also admitted that I've done it a few other times as well. I pretty much signed some papers to appear in court in a month, and I'm pretty much banned from all Krogers. I'm now also jobless.

My question is, what will I be facing in and after court? I've read around that I would get a lighter sentence if I plead not guilty? Though I guess this is something I would speak to a Lawyer or Public Defender about. After all this is done, how is life afterwards? Would it be tough to get back into school or find a job?

Would I actually be jailed? Or will it end up being community service, and some fines? And will life be tough afterward since it'll be on my record? Though it can be expunged, right?

I guess I'm just seeking for some comfort, because I deeply regret what I've done, though I understand that it can't be undone and now I have to accept responsibility for my actions. Some advice or maybe even some stories about anyone's experience would be great. Because I really am just trying to move forward despite what I've done.

Oh, one last question. The arresting officer understood my situation and gave me a month and a half to find a new job before I go to court. When I apply or get interviewed, should I say that I was convicted or arrested? How would that work? Should I just be honest?

No one knows with any certainty whatsoever the answers to most of these questions.

All of those questions depend on the court, the judge, and the judge's mood that day towards you.

Yes, you could be jailed. Will you be? No one here knows. In many courts it's unlikely, in some courts you almost certainly would be. I would bet the farm that you're going to pay fines, probably heavy ones, and community service, probation, or some combination is probably also likely.

Will it be tough to find a job? What do you think?

No one is here to give you "comfort." You are a dishonest person and as such, people are going to not want to trust you or give you a job.

If you want to get a lawyer, get a lawyer. If you don't, don't. You have almost no chance of being found not guilty, so your only reason for getting one would be to try to negotiate a deal of some sort or to try to get some sort of deferred sentencing - if they even do that in your area. Around here, recognizing that theft is already not that serious, and the resources that the prosecution invests to get a conviction are minimal, prosecutors are usually unwilling to make any sort of deals. You either plead guilty to theft or not. If you don't, the trial could take as little as 15 minutes to convict you. They don't have a lot of incentive to plead it away. Your mileage may vary in your locality.

Your case will be heard in General District Court (these are state courts but they're paired with the counties and independent cities usually).

Most of the counties have a diversion program for first offenders. What usually will happen on the date of your court appearance is that the judge will route all those who might qualify and want the diversion to the representative of the program. They'll do a quick check to see if you qualify and tell you want you need to do (classes, probation, etc...) and your case will automatically be deferred for six months or whatever. If you complete the program, then the case will be dismissed at that time and you won't get a record of a conviction. You don't technically need to return on the continuance date, but I'd make sure (either by appearing or checking with the court before hand) that your case is greased for dismissal.

Diversion is a VERY good second chance for the guilty.

If you don't get into diversion, then you'll go to trial. Immediately if you like, but it would behoove yourself to have a lawyer. If you are indigent and can't afford an attorney, you can ask for a public defender at this time. Unless the Commonwealth's Attorney choses to waive jail time, you will be sent to fill out forms to see if you qualify for a public defender. The case will be continued until one is assigned. If you don't qualify for a public defender, you can ask for a continuance to obtain private counsel. It will behoove you to actually have one when you return for your trial.

In any event, shoplifting trials rarely go for more than a few minutes in GDC. There's typically only one witness (whoever reported you for stealing) and even extensive cross isn't going to take very long. I've never seen a "deal" in GDC shoplifting. Diversion is the deal. Jail is unlikely on the first offense (even if the CA doesn't waive it). You're not going to get a better deal than what most judges would give you.

If you're convicted in GDC, you can start over with a de novo hearing in circuit court (GDC's aren't courts of record), but you have limited time (ten days I think) to make that request.

There you go. A great answer on the particulars from someone in VA.

By the way,nothing keeps you from going to the GDC early to see how things work. You'll need to find out when the criminal docket is (usually just one day a week). The courts alternate between traffic and criminal (the latter is almost all either small time drug possession and shoplifting).

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Quoting flyingron

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Your case will be heard in General District Court (these are state courts but they're paired with the counties and independent cities usually).

Most of the counties have a diversion program for first offenders. What usually will happen on the date of your court appearance is that the judge will route all those who might qualify and want the diversion to the representative of the program. They'll do a quick check to see if you qualify and tell you want you need to do (classes, probation, etc...) and your case will automatically be deferred for six months or whatever. If you complete the program, then the case will be dismissed at that time and you won't get a record of a conviction. You don't technically need to return on the continuance date, but I'd make sure (either by appearing or checking with the court before hand) that your case is greased for dismissal.

Diversion is a VERY good second chance for the guilty.

If you don't get into diversion, then you'll go to trial. Immediately if you like, but it would behoove yourself to have a lawyer. If you are indigent and can't afford an attorney, you can ask for a public defender at this time. Unless the Commonwealth's Attorney choses to waive jail time, you will be sent to fill out forms to see if you qualify for a public defender. The case will be continued until one is assigned. If you don't qualify for a public defender, you can ask for a continuance to obtain private counsel. It will behoove you to actually have one when you return for your trial.

In any event, shoplifting trials rarely go for more than a few minutes in GDC. There's typically only one witness (whoever reported you for stealing) and even extensive cross isn't going to take very long. I've never seen a "deal" in GDC shoplifting. Diversion is the deal. Jail is unlikely on the first offense (even if the CA doesn't waive it). You're not going to get a better deal than what most judges would give you.

If you're convicted in GDC, you can start over with a de novo hearing in circuit court (GDC's aren't courts of record), but you have limited time (ten days I think) to make that request.

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How would I go about asking for a diversion? When I appear before the judge on my court date?

Should I even bother asking for a public defender? Or do I just plead guilty?

As I stated, at the beginning of the session all the cases that appear to be eligible diversion will be routed to the representative of the diversion program. If you're not directed that way, you can inquire when the case is called (often the judge will ask if there are any more people who have shoplifting cases before starting down the docket).

I would never advise pleading guilty unless you have legal counsel (public defender or otherwise) as to the implications of doing so. Pleading guilty in Virginia will yield a never-expungeable lifetime criminal record.

All right, so I think I have a bit of a problem. Since my arraignment (when I was assigned a public defender), I've been constantly trying to set up an appointment with my public defender. However, for various reasons, he's been rescheduling me over and over. Now my appointment isn't until the day RIGHT BEFORE my court date.

Is this a really bad thing? Is one day even enough to prepare for a case like this? Are there steps I can take to get another public defender or something? Or should it be okay since it is just a small case of shoplifting? I'm going to make some calls tomorrow, but I was wondering what input I can get from you all.

You're not going to get another PD. Just because he hasn't talked to you doesn't mean he is not preparing. He almost certainly had daily contact with the prosecutor and most likely even the arresting officer. Getting a PD dismissed takes more malfeasance than just not responding to you on your schedule.

I will say this from experience.

Find a job before your court date. Because background checks are damned cheap and even if you get a plea deal, a background check will show the original charge as well as the final deposition.

5 years in my state to file for an expungment. Thank God I have volunteered her for about that long so I did it without a lawyer. But in reality....it really screwed my job options for all that time, and in reality, I lost $100K in income.....

If you want a lawyer that will take all your calls and hold your hand and talk to you every step of the way, pay for one. A PD has too many other clients to have multiple meetings with one.

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Quoting flyingron

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You're not going to get another PD. Just because he hasn't talked to you doesn't mean he is not preparing. He almost certainly had daily contact with the prosecutor and most likely even the arresting officer. Getting a PD dismissed takes more malfeasance than just not responding to you on your schedule.

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All right, that was my main concern. Thanks for the replies.

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Quoting cbg

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If you want a lawyer that will take all your calls and hold your hand and talk to you every step of the way, pay for one. A PD has too many other clients to have multiple meetings with one.

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Well my main issue was that I hadn't had any meetings at all with my PD. I wasn't sure what was going to happen with just one day between meeting with my PD, and my court date.

That's because shoplifting cases are only one level up in terms of how complicated they are from speeding cases. Shoplifting trials, if it even comes to that point, are usually very brief and involve only a few witnesses. Because of the amount of evidence typically involved, they usually don't even make it to trial.

A PD doesn't have to meet with you nearly as much as he would if he were defending you on charges of murder or even DUI with an injury accident.

Shoplifting cases tend to go like this: So did you do it? Can they prove you did it? Well you did and they have video. Is there any way we can get the video/other evidence suppressed? Probably not. Can we get a plea bargain? If all else fails, we can go to trial, try to claim that you put that stuff in your bag accidentally and without thinking, and hope a judge/jury buys it - they probably won't, but it's the only prayer you have.

That about sums up the attorney/client interaction in 90% of shoplifting cases.