Caught Stealing Clothing

My question involves criminal law for the state of: Maine

I was caught stealing clothes from Kohls. They didnt arrests me or anything (im guessing since its my first offense) but i do have a court date in a month. it was a stupid thing to do and i wish i have never done it..its so unlike me! I've never been in trouble with the law and I have no idea what to do next and I cant afford a lawyer. I do have depression and I'm looking into going to therapy...could that help me in anyway? where this is my first offense I dont think I should be going to jail but I dont know anything about law?

If you have a court date you were effectively arrested. Not all criminal charges involve you being handcuffed, being read your rights, and being hauled off to jail. If they figure they can find you and expect you to show up for your court, they'll let you off with written notices.

While it's possible you could go to jail over this, it's unlikely for a first offense. You can expect this is going to cost you a lot of money. The fine is upwards of $1000 (possibly higher depending on how much you stole). There will be court costs. If you get probation or a diversion, you will pay for those as well.

What you should do is consult an attorney. What you want is a diversion that allows you to serve a probation (mostly likely with classes and community service) which if you complete properly will allow the charges to be dismissed and you will not have a criminal record. If you are offered this, you have been given a GREAT second chance. However, in Maine, this requires a recorded GUILTY plea so you can be sentenced if you screw up (and judges tend to NOT be lenient to punks who insult him by continuing to break the law when give a second chance).

In addition, you can guarantee that Kohl's "lawyers" will send you a demand for three times the value of the item stolen as compensation for the damages your moral turpitude has caused them. This is independent of your criminal problems (though your diversion may require you to have settled this).

Your alleged depression isn't going to mean SQUAT. Depression doesn't mean you don't know that stealing is wrong.

What flyingiron said.

There often IS a real connection between depression and shoplifting. But you are still legally culpable. If you believe they are related in your case, then by all means I would go get help - because you don't want this to happen again, right?

As for the legal side of things, it won't help in terms of getting let off. The only part that it might help with is due to the fact that the court's interest is in you not repeating the same behavior again; showing them that you are getting counseling for the root problem is a positive thing - but don't expect it to be some magic bullet, because it won't be.

And I will add this: flyingiron is correct that in most cases and in most places you will not be going to jail for shoplifting. But that is far from universally true, and I am personally aware of two local courts that will sentence shoplifters - even first time shoplifters with no record - to at least one day in jail, and often 3 or 4 days in jail. And to put it in perspective, this area isn't exactly some rural area in flyover country (with no other crime to worry about.) This is the largest urban area in this state. So don't take it for granted that you're not going to jail at all - and if you do it ever again, EXPECT to go to jail for at least a few days.

Is it worth it? Your call.