Accused of Shoplifting Groceries

on friday's night i went to a supermarket to buy sausages. i putted 2 packs of it in my bag and walking to the atm to get cash to pay for it. unfortunately the atm is outside the store and i forgot that i have 2 sausages in my bag. then the security stopped me and turned me to the police whom scheduled me to go the court. i am international student working on my dissertation writing. i wonder whether I will be in jail for this, and in the worst case, how long? would my future career be effected by the record of this? would i still be allowed to travel in and out of this country for my study again?

i forgot to mention that this happens in honolulu,hawaii

If you wish to try to go to trial and defend yourself against the accusation on the claim that you went to the grocery store to buy sausages, got the sausages, then forgot you had the sausages when you left the store to go to an ATM to get money to pay for them, I suggest you get help from a very good lawyer.

Consult a local lawyer about the possibility of a diversion program or deferred sentence, to try to avoid a conviction. As you are on a visa, you will benefit from trying to get an alternative disposition where you don't have to enter a guilty plea and don't end up with a conviction. In various immigration contexts you will have to report this incident to the USCIS, and it is best for you that the disposition not be regarded as a conviction.

It is quite possible that, although a crime of moral turpitude, this would be classified under the petty offense exception so as not to prevent your gaining a visa, but any criminal activity can affect your immigration status and visa eligibility.

What would happen if I go to the court without my own lawyer because it is inaffordable for me to hire one. In the worst scenario, what would happen? Is is possible to seek legal help from state by some way?

Please give me more idea about this sentence

"As you are on a visa, you will benefit from trying to get an alternative disposition where you don't have to enter a guilty plea and don't end up with a conviction. In various immigration contexts you will have to report this incident to the USCIS, and it is best for you that the disposition not be regarded as a conviction"

I totally don't understand. What is the legal meaning of "don't have to enter a guilty plea"

Check with the court to see if you qualify for a court-appointed lawyer.

If you enter a plea agreement or diversion program where you don't have to enter a guilty plea, it means exactly that: because of the nature of the disposition you don't have to enter a guilty plea.

please give me more idea about "plea agreement" and "diversion program". is there anywebsite i can see the law about it?

Check the court websites for your state and county, or consult a criminal defense lawyer.

when i appear to the court, would it be any help to inform that i do not mean to take anything from the store but simply forgot it. what is the better idea between insisting this or letting it goes without saying anything

another is how to have the public defender/do i need to do this before going to the court?

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Quoting thongsook_1999

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another is how to have the public defender/do i need to do this before going to the court?

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When you make your first appearence do not enter a plea and request a public defender

hi thank you very much. what is the preparation i need to do on my own in advance before entering the court as scheduled? you told me that i can request public defender on that day. is there anything i could do by myself more than that?

Like what? You can call court see if they start the paperwork for a PD but each court has its own policy

hi thank you again. will the public defender take care of pushing me into the diversion program before the court date, or this has to be done in the court? thank you again for your quick reply

Discuss your desire with him/her when you meet

thank you very much

i just read from the statement of receipt of detainees's property of the honolulu pol.department that my offense is THEFT4. what does it mean? is there any legal significance

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Quoting thongsook_1999

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on friday's night i went to a supermarket to buy sausages. i putted 2 packs of it in my bag and walking to the atm to get cash to pay for it. unfortunately the atm is outside the store and i forgot that i have 2 sausages in my bag.

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Why do people think this is acceptable behavior? If you leave a store even if it's to get money to pay for sausages that you put in your bag that you somehow forgot about putting them there to return inside to pay for them it is still shoplifting. You left the confines of the store! Why don't you just give the product to a cashier for them to hold your items for you at the register? Go get your money and return to make your purchase? I hold things at my register for customers all the time and I'm paid to assist people so don't think it's a bother to a cashier to do that. Think before you act. You are now going to have to hire and attorney, pay a civil demand, and may have a theft charge put on your record that may prevent you from getting the job of your desire.

hi i never said it is acceptable behavior. i just forgot that i have something in my bag. when the security got me, i was standing in front of the atm machine to get the cash

You met the criteria for a shoplift arrest. Your intent true or not canot be proved. By the way why are you going to ATM machine? Why not just purchas your sausage using your ATM at register?

because i don't know that i can pay by the atm

Its a grocery store of course you can and I think you knew that.

no i don't know. i never paid for anything by the atm. i have no reason to lie you

because in my home country you can't pay by the atm.

Look I dont have to believe or not believe you because you met criteria for shoplifting. You need to find a criminal defense Attorney and discuss your options

right. can i ask you another question.am i still eligible to travel abroad ?

You need to be talking to an Attorney

thank you again. may i ask one more question. what would likely to happen to me in the worst case.do you have any idea

Are you a citizen? If not deportation is worst case

and in the general case what would it be since i never committed a crime

I would say ask your Attorney who knows the judges in your area and how they tend to rule

Hi Panther, could you give me more idea about the 'disposition' mentioned by aaron and how the visa is relevant to it

These are things to discuss with a qualified Attorney who knows both criminal law and imigration law

HI, when I go to the court as scheduled. Do I need to bring some amount of money to pay for additional bail or bail bond? I once bail myself but i wonder I have to do it again in the court or not. how much should I prepare for?

hi again may i ask you for one more question

i found out that in hawaii state law

"§708-833.5 Shoplifting. A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:

(1) In cases involving property the value or aggregate value of which exceeds $300: as a class C felony, provided that the minimum fine shall be four times the value or aggregate value involved;

(2) In cases involving property the value or aggregate value of which exceeds $100: as a misdemeanor, provided that the minimum fine shall be three times the value or aggregate value involved;

(3) In cases involving property the value or aggregate value of which is $100 or less: as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved"


then in another section

[§663A-2] Damages and penalties. (a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof, who alters the price indicia of such merchandise, or who takes any other action that constitutes the offense of shoplifting, shall be civilly liable to the owner of the mercantile establishment for either:

(1) Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty; or

(2) Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court.

Since my case is about sausage (12$), can it be said that my case is
petty misdemeanor and i will be fined rather than imprisonment?

The likilhood of jail on and misdemeanor shoplift (1st offense) is very slim

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Quoting panther10758

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Its a grocery store of course you can and I think you knew that.

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Not all ATM cards are debit cards.

Hi I have more problem to ask. I discuss my problem with my attorney and he said his suggestion on criminal aspect is to have the no conviction and get me into the deferral program. However, another attorney told me that he could contact the store manager / the prosecutor to have the case dismiss. My question is is it possible to do that? Any helpful?

I recognize that this is about criminal law and it is not about the store manager anymore. Even if my attorney can settle something with the manager, the case is still in the court, and the ball is in the presecutor's side, not the store. Am I right on this? This then means further negotiation/ settlement with the store manager provides nothing for me in the domain of criminal law?

Another question is about immigration law. If I get into the deferral, am I still eligible to come back to this country? I read from many places that the record will be with me for long. And it does totally depend on the immigration officer at the port of entry to allow me to get into the country or not. I also heard that even with the deferral, the condition of criminal record shall legally allow the immigratino officer at the airport to refuse to let me back to the U.S. soil

Am I right about everything? If I say something wrong, please clarify. THank you very much

I have no way of knowing if the prosecutor would agree to dismiss the charges. I doubt that it would happen over the objection of the store.

There are circumstances in relation to immigration where you can be asked about encounters with the police and criminal charges. Obviously, that information can weigh against you. Absent a conviction (or a deferral premised on a guilty plea, which may be treated as a conviction by the USCIS) I doubt that the impact on your immigration status would be significant, but I don't pretend that I can predict the future.

Hi Mr.Knowitall. Am I right to assume from you that seems like everything about the immigration at the port of entry depends on the fortune