Questions About Shoplifting Prosecutions

I'm curious about a few things regarding law and a shoplifting case I was convicted of.

1.) How long does it usually take to get your case up to the judge for you to go in? I've been waiting a month or so I believe. Is this normal?

2.) I contacted an attorney who is charging me a flat-rate of $500 and says he can settle the matter out of court so I never even have to show up as well as make it so the crime doesn't appear on my records. I'm assuming this is good. I never heard of the "never have to show up in court" thing, however. Does this really happen?


3.) This one actually didn't happen to me, but I've been curious about it. Lets pretend somebody was arrested for whatever crime and on the way to the jail / courthouse (whichever) the cop decides he wants to stop at a fast food restaurant and get some food. Ironically, the criminal just happened to work at that same exact restaurant... which obviously would bring about a nice amount of ridicule and embarrassment. under this circumstance, would it be at all possible to sue the cop and/or the police station he works for for defamation of character?
Like I said, this never happened, just curious what would happen under this situation.

Thanks for information.

1. Statute of limitations. From my understanding you can get the notice in the mail up to two years from the date of the crime but usually its takes 1-2 months

2. Short answer, yes

Quote:

---

Quoting bob_01

---

I'm curious about a few things regarding law and a shoplifting case I was convicted of.

1.) How long does it usually take to get your case up to the judge for you to go in? I've been waiting a month or so I believe. Is this normal?Yes thats normal talk to your Attoreny he should know more about this as he is fmailar with this paticular court

2.) I contacted an attorney who is charging me a flat-rate of $500 and says he can settle the matter out of court so I never even have to show up as well as make it so the crime doesn't appear on my records. I'm assuming this is good. I never heard of the "never have to show up in court" thing, however. Does this really happen?I believe he is referring to diversions which acts like a guilty plea as far as penalties fines etc but after you successfully complete program no conviction appears on your record


3.) This one actually didn't happen to me, but I've been curious about it. Lets pretend somebody was arrested for whatever crime and on the way to the jail / courthouse (whichever) the cop decides he wants to stop at a fast food restaurant and get some food. Ironically, the criminal just happened to work at that same exact restaurant... which obviously would bring about a nice amount of ridicule and embarrassment. under this circumstance, would it be at all possible to sue the cop and/or the police station he works for for defamation of character?
Like I said, this never happened, just curious what would happen under this situation.

Thanks for information.

---

Who's fault is it your in cop car!? No he cannot be sued

Quote:

---

Quoting bob_01

---

I'm curious about a few things regarding law and a shoplifting case I was convicted of.

1.) How long does it usually take to get your case up to the judge for you to go in? I've been waiting a month or so I believe. Is this normal?

---

You wrote that you were "convicted" ... does this mean you have already gone to trial? Or, did you mean "arrested"?

How long it takes to get to trial depends on state law and how backed up the courts and the attorneys are. Out here you would get a preliminary hearing in about a month if you were in custody, but if you are out of custody it could be months. I just went to one yesterday that was three months old.

Quote:

---

2.) I contacted an attorney who is charging me a flat-rate of $500 and says he can settle the matter out of court so I never even have to show up as well as make it so the crime doesn't appear on my records.

---

Any attorney that makes those kinds of promises is one to be wary of. The case against you must be very weak, or it's actually an infraction (in CA if you shoplift less than $50 in property it can be charged as an infraction - a traffic ticket, in effect, and it won't appear on your criminal history as a conviction).

Quote:

---

3.) This one actually didn't happen to me, but I've been curious about it. Lets pretend somebody was arrested for whatever crime and on the way to the jail / courthouse (whichever) the cop decides he wants to stop at a fast food restaurant and get some food. Ironically, the criminal just happened to work at that same exact restaurant... which obviously would bring about a nice amount of ridicule and embarrassment. under this circumstance, would it be at all possible to sue the cop and/or the police station he works for for defamation of character?

---

It would be bad policy for the officer and he might get spanked by his agency, but since the arrest is a matter of public record, no case. However, if he went there intentionally to demean or embarrass the prisoner, there MIGHT be a case.

- Carl

Quote:

---

Quoting cdwjava

---

Any attorney that makes those kinds of promises is one to be wary of. The case against you must be very weak, or it's actually an infraction (in CA if you shoplift less than $50 in property it can be charged as an infraction - a traffic ticket, in effect, and it won't appear on your criminal history as a conviction).
- Carl

---

Perhaps it is an infraction.
It was first ever offense, literally of anything whatsoever.
And the amount stolen was about $48.00

A lot of people have been telling me it will most likely qualify as a misdemeanor, considering it was my first offense and the low retail.
Others are telling me it will appear as retail fraud on my record no matter what.

Consult with another Attorney. It seems yours may have gave you incorrect information

Quote:

---

Quoting panther10758

---

Consult with another Attorney. It seems yours may have gave you incorrect information

---

incorrect information regarding what?

What state are you in, and what was the specific code section have you been charged with?

- Carl

Quote:

---

Quoting cdwjava

---

What state are you in, and what was the specific code section have you been charged with?

- Carl

---

From Michigan.
And no clue what a code section even is.

The charging documents, citation, summons, etc. will have a code section on it ... a series of numbers and/or letters. It might be prefaced by MCL or MPC (Michigan Compiled Laws or Michigan Penal Code).

- Carl

Quote:

---

Quoting cdwjava

---

The charging documents, citation, summons, etc. will have a code section on it ... a series of numbers and/or letters. It might be prefaced by MCL or MPC (Michigan Compiled Laws or Michigan Penal Code).

- Carl

---

Oh.
Yeah, I never received any of that.

I contacted an attorney after the incident.
He told me as soon as I receive them papers to call him, pay the specified amount, and that he would go handle the situation and I would never have to appear in court, and that there is a good chance he could get the incident off my record.

Besides that, I really don't know anything.

What do the code numbers matter according to the case?
Just so I'd know when I finally receive them.

The numbers will tell you what the specific offense is. This will tell your attorney what the elements of the offense are (what the state will have to prove to convict), and the potential punishment you might face for the offense. It may well be that your attorney expects this to be a very low level offense that won't have any long term repercussions ... but, no one will know that until the charges come down.

- Carl

Bob something just came to mind. I am "quickly" going through post so I may have missed something. Were the Police called? You have no paperwork according to you yet you should at least have a citation! I am wondering if you paid $500.00 for something you havent even been charged for!? Thsi would explain why Attorney said you wont have to appear in court because theres no criminal case. Please explain what happened on the day you shoplifted from beginning to end.

Quote:

---

Quoting panther10758

---

Bob something just came to mind. I am "quickly" going through post so I may have missed something. Were the Police called? You have no paperwork according to you yet you should at least have a citation! I am wondering if you paid $500.00 for something you havent even been charged for!? Thsi would explain why Attorney said you wont have to appear in court because theres no criminal case. Please explain what happened on the day you shoplifted from beginning to end.

---

I was caught shoplifting.
Searched by LP's.
Policce showed up.
Filled out all the paperwork the stores make you do.
Handcuffed, taken to jail.
Waited.
Finer-printed, etc.
Paid bond right then and left.

Nothing else has happened.
I was merely consulting with the lawyer when he said the $500.
No papers from the court have arrived yet.

I did pay the amount to the store that I had to pay.
Civil Demand, or whatever it is called.

Is it really normal to wait this long?
It seems odd to me.

I have an over-active imagination,
so I'm literally freaking myself out from over-examining the situation and the amount of time it's taking to get the papers.



aside from that,
while I'm waiting for these papers,
should I be trying to get the plea bargain right now?
Or can nothing happen until the papers are actually present?

I would think the charges were on the booking and release papers. If you paid bail, you made the bail amount based upon a specific violation.

- Carl

Exactly Carl. bob you need to find those papers! that or ask your Attorney or even court your charge

So I received my papers today, finally.
In response to the thoughts previously...
I don't see any numbers and/or letters, except for the case number.
Are them the numbers you were refering to?

And, if so, is there a way that I can find out what they even mean before I approach my lawyer about it?

Well, in California you would see something about charges and then probably one of the following notations by itself or in combination with others:

459 PC
484 PC
487 PC
488 PC
490.1 PC
490.5 PC

If not, ask your attorney as he should be able to find the statutes on the papers.

- Carl

hmmm.
well nothing on the form looks like that at all.

There is a "case number" : RE: ##-######-SM (with actual numbers, of course)

and a number at the bottom of the page that says:

" FORM: JIS104P"


Nothing else besides the obvious.