Shoplifting At A Cart In The Mall

Shoplifted a small item worth $75 from a cart (small open temporary shops) at the mall in Boston, MA. The cart owner saw me and asked for the item which I returned immediately. After 1 hour she called police (not mall security) who checked my purse and asked for my DL, which I provided. They asked me if I had taken the item from the cart and I said yes. Police told me that you will get a notice from the court and I left. I got the notice now which shows "Only Misdemeanor" as selected charge.
I have to go to court now and have no idea what will happen to me. This is my first offence of any sort. I don't have any criminal history.
Please tell me if I can be cleared of charge if I plead "not Guilty", considering that the cart owner took back the stolen item from me before notifying police, also mall security did not come to me or talk to me about this, police came after an hour (without mall security accompanying them).
Please guide me how to go about it. What should I say to the magistrate and what should I not say to come out clean.
Please help!

You cannot unring a bell.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthre...687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/.../70300494.html


Other people may give you other advice; stand by.

Thanks for your advice.
Just wanted to clarify that the police appearing after an hour of the incident or the fact that the cart owner herself took back the item and that I did not had anything with me when police came does not add any strength "Not guilty" plead?

You did no tpay attention to senior Judge You "cannot unring a bell" You took item it was recovered by owner but you still stole! You then admitted theft to Police! You best consult a criminal defense Attorney as soon as you can

Hi,
I also wanted to bring to your notice that when the ploice man came to me and asked if I took this item from the cart (shop) and I answered yes, I was not told if I was being charged for stealing/shoplifting or if I had intension of paying for the item. Also wanted to add this info that I was temporarily working at a nearby (next to the cart from where the item was stolen) cart in the mall and thus was standing just about 15-20 feet from the place of incident.
Under these circumstances can I not prove that I had just moved for a moment and was about to pay and before I could do so, the cart owner came up to me and asked for the item and I offered to pay but she refused and took back the item (this actually happened) and later called police.

Quote:

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she called police (not mall security) who checked my purse and asked for my DL, which I provided. They asked me if I had taken the item from the cart and I said yes.

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So now you want to make a different statement? Consult an Attorney your going to need one especailly if you intend to fight this charge

In addition your trying to use "intent" as a defense your mindset or "intent" is know only to you! If I take a pair of shoes from Walmart try them on and leave store I have shoplifted! Now my "intent" may have been to see how they look outside but I cannot prove that! I will say it again find a criminal defense Attorney!

Thanks! Got the point!

I pleaded not-guilty in the hearing and the opposite party pressed charges, so it's a case now.
Please guide me how to go about it. What can be the possible outcomes if this, if found guilty in court? The value of item in question is about $80.00, but it seems that the opposite party has something personal against me (don't know why), so even when magistrate offered other workarounds to resolve this, the opposite party just refused and asked to press charges.

You need to consult a criminal defense Attorney

I have not received any notice from court so far... it has been over a month now. How long does it take normally before the court send the notice:confused: ?
Also please tell me that if I don't take a lawer but just go there, will I be fined and the case will be over or I do need to have an attorney? I cannot afford to have an attorney to fight my case. How can an attorney help me? If I am proven guilty and have to pay fine or any have to undergo any other punishment, this case will always be linked with my public record? Is that correct?

It is always a good idea to talk with an Attorney when facing criminal charges! many will grant you a free intial consultation. Check your local yellow pages you might find one

Thanks, I will check that out. But please clarify that is there a possibility at all that my name would not appear in public records, or that with this case I am branded forever? Also please tell me if it normally takes the court a month or more to send a notice for trial?

Depends on the court it could take some time if they wish. They have till the SOL runs out. Your other questions require pyshic skills I dont have sorry!

Got a notice from court stating that my arrest warrant has been issued because I did not appear in court on 1st summon, which by the way I never got. I went to the magistrate's clerk office and showed them the notice and they told me that "it happens all the time"! I couldn't understand what he meant but anyhow he asked me if I would like to settle this and if I had cash right now. I answered yes and he charged me $70.00 (value of disputed property) and gave me the receipt and a paper that had some details related to case and mainly said "Case Disposed". Additionally he told me that I was not convicted but still this case will always remain in my records and that I might need to show this paper to any official (like traffic police officer if caught or immigration authorities while international travel) if he asks about the case. I am not sure if the case is over, what happened to the opposite party. Does this mean that opposite party withdrew the case, or they also didn't appear on summon so they dismissed the case or something else? Is "case dismissed" different from "Case disposed"? Can you please throw some light on this.