Caught Shoplifting Makeup in Virginia

So I'm 19 years old and live in Virginia and about two weeks ago I made the stupid decision to steal a make-up product that was about $50 from a Sephora that's located inside a JcPennys. They caught me and took me to the back office and made me sign some papers, get some information and gave me a citation for court. I feel like an idiot for me stealing because it's obviously not worth it at all... This was my first time and I have absolutely nothing on my record. I cooperated with them and they also had a police officer come in. I'm now banned from the mall and will be having to go to court. My questions are.....1. What should I all be expecting in the mail? I already received a civil demand letter (i think) that says I need to pay $84.00.. is there anything else supposed to be coming in the mail? I'm trying to stay on top of it so my parents won't see my mail lol. 2. What should I expect at court? 3. Will this be on my record forever and can I get it removed? 4. Should I plea guilty or not guilty? I can not afford a lawyer, but do have enough money to pay off the court fees. 5. What all should I be expecting to pay for and how much do you think it will all be? I'm scared to go to court because I never have been there and don't know what to say or expect. I plan not to tell my parents because I don't want them apart of it and to break their hearts. I got myself into this mess and am going to get myself out of it. Please give me advice and answer my questions! Thank you

Virginia is tough on shoplifting.

You will have the Civil Demand. You will have the court date.

Your parents are going to eventually find out. Basically, your criminal conviction is going to ensure you live in Mom and Dads home for many years, since it will severely limit your job options.

You need a lawyer, you want to get a Diversion Program or Plea Bargain to a lesser charge. Some counties in VA offer those, some don't. You really need a lawyer near the court your case will be heard in to work the case for you. A consultation is free.....

You and almost everyone else in court will be confused about what happens and what to expect. Your initial appearance is only for the charges to be read and for you to enter a plea. The judge or magistrate will explain everything in detail. I've never been in a court yet where the judge or magistrate didn't give an extended explanation of what each plea means and the ramifications of pleading each. Pay attention! They will answer most of the questions that you've asked here.

Most people here are going to tell you to get a lawyer. It's your right to do so, but 1) you admit you actually ARE guilty and 2) rest assured, the store has a LOT of evidence that you are guilty, including video evidence, statements you made verbally and in writing, and witnesses. So your chances of "beating this" are probably around .5-1%. A good lawyer CAN, however, broker the best deal that the prosecution is willing to go for, such as pleading to a lesser charge (like "attempted theft,") probation instead of jail, etc. With all that said, you can choose whether to get a lawyer. You may or may not qualify for a court appointed one.

Choose not to tell your parents if you want, but if the judge throws you in jail for 2 days when you are convicted you might have to make up a story about unexpectedly staying overnight at a friend's house.

$84 is very cheap as a civil demand. Around here the minimum is $200.

Thank you for your feedback. Going to jail isnt what I'm really concerned about. I know I will most likely not be going because It's my first time for getting in trouble with anything. I was cooperative and gave back the item right away and they said I wasnt going to jail for it. Most likely I'll be getting a fine up to $500 is what i'm guessing.. which is ok, I can pay for it. I just don't want this silly careless mistake to be on my permanent record so it's impossible to get jobs in the future. I know I can definitely not afford a lawyer... unless there's a way to get a lawyer $75 and cheaper! lol. which is not likely. Should I ask for a public defender? I'm wondering if I can get it reduced to an infraction or trespassing. As for the civil demand, $84 does seem cheap.. that's why I wasnt sure if that was the actual civil demand or not. All the letter said was "this is a letter on jcpennys behalf demanding you pay $84 dollars.. if you dont we can press charges" or something in that nature. Is that the civil demand??? Sorry, I'm not educated in this stuff at all if you havent noticed haha

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also can you please explain what the purpose of a civil demand is

A Public Defender is an option only when you can prove you are destitute, not when you just simply don't want to pay for a lawyer.

Aside from fines, there are also court costs. If you get probation or diversion program, there are costs for those too.

You want to get the charge reduced....hire a lawyer. You are gonna need one. It won't be an infraction or trespassing, it will still be a misdemeanor.

Or you can go in for all the court dates, go to trial, say what a silly careless mistake it was and you plead not guilty and let it go to trial......then you can eventually testify to the judge what a silly careless mistake it was and you don't deserve to be punished.

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The purpose of the Civil Demand is this:
Shoplifters cost money.

- The cost of video surveillance and all the equipment. What? You didn't know TV's and cameras and DVD's were not free?
- The wages and benefits of the loss prevention employees. And insurance in case they get hurt on the job.
- The cost of the store manager to take time away from his job to sign off on the LP officers cases.
- The cost of shoplifters who got away.
- That room that the LP took you too....if they were not catching shoplifters, that room could be used as space for more merchandise.

By the way, there's no guarantee that the prosecutor or store will agree to reduce the charges. Shoplifting trials can take as little as 20 minutes, and with good evidence, they often have no incentive to reduce the charges for you. Your options might be "plead guilty to theft" or "get convicted of theft at trial." So often the advice around here to "get a lawyer to get the charges reduced" is a bit like a mirage in the desert. The prospect doesn't always exist, although YMMV.

I remember having a pre-trial meeting with a prosecutor once right after the defendant's lawyer had asked "if it could just be dismissed." The prosecutor and I had one hell of a laugh with that one. WHY in the world would the prosecutor just "dismiss" it? The subject ended up just pleading guilty to theft with no reduction of charge.

Oh and don't be so sure you won't go to jail. You can almost be sure you're not going for any length of time, but there are multiple courts around here that will definitely send shoplifters to jail for at least 24 hours, even on a first offense with absolutely no criminal record.

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Quoting KaitlynRiggs

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Most likely I'll be getting a fine up to $500 is what i'm guessing.. which is ok, I can pay for it. I just don't want this silly careless mistake to be on my permanent record so it's impossible to get jobs in the future.

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Think about this statement you made. Think long and hard. Keep thinking until you understand just how dumb this makes you sound. Now because you made this statement, I'm assuming you won't figure this out. So i'll explain it to you. If you can afford the $500 fine, it would have made more economic sense for you to PURCHASE the $50 item. Keep thinking about this...

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Quoting PADriver13

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Think about this statement you made. Think long and hard. Keep thinking until you understand just how dumb this makes you sound.

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Yep. Also, it's not a "mistake." You didn't accidentally eat meat on a Friday in lent while being Catholic, carelessly forgetting what time of year it was. You chose to steal and did it. It was done on purpose.

Relax... I know I did it on purpose, you don't need to tell me that. I know it would've made more sense for me to buy the item... obviously. I'm not asking for a lecture here or to be told I sound stupid.... I'm aware of what I did and how dumb it was. And it was a "mistake", I was going through a rough time and it was out of my nature, I wasnt thinking of the consequences of getting caught and I regret doing it. We are human, we all make mistakes and learn from them. I'm willing to face the consequences and I have learned my lesson, I'm just wondering if I can simply get it reduced in some way and some advice because I've never been in this situation before and don't know what to expect. I'm only 19 and not an expert... that's why I'm on here asking these questions and may sound stupid! Geez. BTW, again, i'm not an expert but I know for a fact it's not likely i'm going to jail. I havent heard of a single person going to jail for their first offence of shoplifting EVER. Why would they throw someone that stole something under 50 bucks in jail with a bunch of murderers, rapists, etc.

The fact that you are 19 and cannot yet distinguish between a "mistake" and a "poor decision" doesn't bode well for you. In the U.S. most kids learn that stealing is not acceptable somewhere around 8 or 9 years of age.