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Plea Bargaining a Shoplifting Charge

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  • 05-12-2015, 05:13 PM
    flolaf
    Plea Bargaining a Shoplifting Charge
    My question involves criminal law for the state of: Florida

    I'm a female and 27.

    Recently, I shoplifted from Target. It was so idiotic of me I don't even know what to say. The item cost was $80. There were cameras and some guy that was following me and as I walked out the door with my other purchases, he caught me. I guess he was the Loss Prevention guy. He took me into the little room and asked for my ID. I'm not a local of FL so I still have an out of state ID that's not expired yet and I'm expecting to move back at the beginning of next year. The cops arrived and they arrested me. Even though it was my first time and everything. Ever. He handcuffed me, took me to jail and I spent all day in an orange jump suit. The cop said where I "****ed up" was having an out of state license so it automatically got me a double bond because apparently I was "more prone to run." I didn't really understand that because I told them that I moved to FL for a short term job. I offered to pay for the product, but they weren't having it. But anyway, I got a direct pre-trial release on the conditions that I don't return to Target and I have to call this woman every week, and that I would need to get my own lawyer. It was the worst night/day of my life and I will never ever steal again. Is it possible to get this pleaded down or do some type of program to have this not show up on my record? I know that retail shoplifting is one of the worst things to do. I'm an idiot, I know; it's embarrassing

    Another random question, I thought that when you were arrested, when/wherever it is, you have to have your Miranda rights read to you or is that only in some cases? Also, if this does NOT show up on my record, will I be required to inform future employers or even my current one?

    Any advice?
  • 05-12-2015, 05:21 PM
    cbg
    Re: First Time Offender
    I'll be nice and not give you the advice I usually give shoplifters who think they're entitled to a free pass. Of course you do; you were surprised to be arrested "even though it way my first time".

    You've been watching too much Law and Order. You only need to have your Miranda rights read to you if you are going to be interrogated. They didn't need to interrogate you - they caught you in the act.

    It might be that your attorney may be able to plead it down or get you a diversion program but you won't know until you hire one.
  • 05-12-2015, 05:35 PM
    flolaf
    Re: First Time Offender
    Oh, no I know I'm not entitled to a free pass! I did commit the crime. Though sometimes I thought that if you pay for the item, they'll not have you arrested. I was just curious. I guess back home is different(my friend works at Walmart and has a lot of stories.) Feel free to give me the advice! I deserve it and probably should hear it.
  • 05-12-2015, 05:45 PM
    cbg
    Re: First Time Offender
    The advice I usually hand out is, stop stealing and you won't have to worry about it. (You asked!)

    It varies by store, not necessarily by region of the country.
  • 05-12-2015, 11:18 PM
    Ohiogal
    Re: First Time Offender
    Nope. If you pay for the item before being caught and actually stealing it then you won't be arrested. But you are a thief. Furthermore, you will also find you will receive a civil demand of a couple hundred dollars to reimburse the store for their costs (security, product and what not) and you will have to pay that. Everyone says it is their "first time" and they "never did it before". Guess what? That is not believed. You will have a criminal record.
  • 05-12-2015, 11:21 PM
    Mr. Knowitall
    Re: Plea Bargaining a Shoplifting Charge
    You should investigate your eligibility for a misdemeanor pretrial diversion program or a deferred sentence, with the goal of avoiding a criminal conviction.
  • 05-13-2015, 07:21 AM
    DeputyDog
    Re: Plea Bargaining a Shoplifting Charge
    You can hire a lawyer or ask for a public defender.

    Alternatively, when you show up before the judge or magistrate and they ask how you plea, state that you would be interested in a diversion program if this court offers one. Ask how to go about getting into it. The judge may advise you that you need to plead not guilty. In some courts, though, the process is streamlined because the court wants as many people getting into it as are eligible; so in those cases, they may immediately have you go to another room to meet a prosecutor right there and determine whether you are eligible. It's all dependent on the court.

    Either way, the judge's role is to make sure you understand your rights and make sure the process is fair to both sides. They will answer your questions (of course they can't provide legal advice) and make sure you understand your options. Getting into diversion, if it's offered, isn't some closely guarded secret of how to do it.

    If they say there's no such program, or if you just feel in over your head, you can always just plead not guilty and go speak to a lawyer. I personally wouldn't spend money on one before your initial appearance, especially when, as I said above, there's at least a chance that on that very day you could be offered some diversion deal without a lawyer even working for you.
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