Arrested for Shoplifting at Old Navy

I got caught shoplifting an $8 shirt at an Old Navy in Delaware today. The alarm went off and the cops arrested me. I really do not know why I did it because I bought a bunch of other stuff at the same time. It was the first time I've tried to steal something and it was the stupidest thing I have ever done. I am female, 20 years old, with no prior record, and go to a university where I am doing very well and plan on continuing to grad school. I was given a court date for the arraignment which is next Weds.

The policemen who arrested me told me that pleading not guilty would be a good idea since cases like mine are likely to be dismissed or settled out of trial. ( I don't know how that works) I'm scared that I will have this on my record forever if I plead guilty, but don't know what pleading not guilty will entail or if I can get time off from school to make the court dates. I just don't know what to do...

I am going to talk to an attorney tomorrow about the options I have.

I have a few questions, if anyone can answer them or give some advice...

-Is there any possibility of a dismissal of the charges somehow?

-If I plead guilty at the arraignment, would it be possible to get the charges expunged off my record?
How does that work?

-and I've heard that if you plead not guilty that sometimes the policeman don't show up to the trail and the charges are dismissed, or they get settled in a different way?? Is this true?


I am so ashamed and mad at myself and I know this doesn't screw my future forever, but it sure feels like it does right now. I can only hope that the repercussions from this will be as little as possible and I have definitely learned my lesson.

You should be saving your questions for your Attorney however here are some answers.

Is there any possibility of a dismissal of the charges somehow?
I have no clue why the Officer told you that it seems you were caught dead to rights. This is a question for your Attorney after you tell him complete story

-If I plead guilty at the arraignment, would it be possible to get the charges expunged off my record?
How does that work?No expungement is something that happens years later

-and I've heard that if you plead not guilty that sometimes the policeman don't show up to the trail and the charges are dismissed, or they get settled in a different way?? Is this true?The Police officer doesnt have the evidence the store does and either their agent will be there or DA will have it

One thing you can discuss with your Attorney is diversion it can keep a conviction off your record

To keep this updated for everybody out there, I met with an attorney today and be pretty much said that the charge can be taken care of and expunged from my record for a flat fee of $1000 plus whatever fines I have to pay from Old Navy or the court.

I would plead guilty in a higher court and would probably be given "probation before court" or something like that, and would have to pay a fine. I do not know what probation before the court entails but I will post it up once I find out.

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Quoting jsd99

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To keep this updated for everybody out there, I met with an attorney today and be pretty much said that the charge can be taken care of and expunged from my record for a flat fee of $1000 plus whatever fines I have to pay from Old Navy or the court. Did Attorney say how soon this can be done?

I would plead guilty in a higher court and would probably be given "probation before court" or something like that, and would have to pay a fine. I do not know what probation before the court entails but I will post it up once I find out.

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Probation normally is for two to three years and involves:

Fines

Violate no law

Ban from victim (store)

Community service

he said that after the trail is over, cased dismissed, that is when the expungement can be filed and it will take a few months?

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Quoting jsd99

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he said that after the trail is over, cased dismissed,If you plead guilty your case is NOT dismissed that is when the expungement can be filed and it will take a few months?I thought it took much longer than that but who knows

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Did Attorney talk to you about diversion? Diversion can help you avoid a conviction on your record. Extra note having a conviction expunged does not mean people cannot find out about it!

right, sorry, I don't know anything about law, once my case is closed after I plead guilty and whatever happens to me happens to me....

I think he said that's how long it would take and that it can be filed immediately afterwards because I asked him, but he could have been just saying it to make me feel better or something I'm really not sure.

Find another Attorney and get a free consultation I think diversion (if offered) may suit your needs best and be cheaper!

the way he explained it, if he arranges to move my arraignment to a higher court in which a prosecuter must be present, he can make a deal with them and he says that most likely, because it is what has happened in his experiance with shoplifting charges of more severe degrees, they will not want to convict me because it is not worth their time and the "probation before court" option is what I will recieve. He said that with this there will be no conviction on my record and that he will get the arrest itself expunged from my record after that.

Yes, I am already planning on meeting with another attorney at 3:30 to have a second opinion.