Accused of Shoplifting Lingerie

What city in VA were you caught? If you don't feel comfortable, give a region of VA.

You should be fine.

In Galax, VA. I'm so scared of going to jail......I can't handle this pressure.

A first offense midemeanor shoplfit very rarely carries any jail time.

Call the courts and see what the clerk has to say about common shoplifting penalties.

Don't be getting depressed and all, you will be fine. This may seem like the end of the world, but you will be able to move on...

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Quoting ididn'tdoit

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I have an appointment Monday to speak with a lawyer....but I'm scared out of my mind. I've had to go get on depression pills to help me get through this. Am I going to go to jail for this? I have 2 kids at home who need me.....this is driving me crazy. Can anyone tell me if I'm likely going to spend time in jail? My first offense....no record what so ever.....the items were totaled at $43.00. Please help!!

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I would suggest you be totally honest with your attorney. The story you're telling here is bizarre. Your lawyer can help you best if you tell him the truth and let him advise you accordingly.

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Virginia

§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.


Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

§ 8.01-44.4. Action for shoplifting and employee theft.


A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


B. A merchant may recover a civil judgment against any person who commits employee theft for two times the actual cost of the merchandise to the merchant, but in no event an amount less than fifty dollars. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.


C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.


D. A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section if any criminal action has been initiated against the perpetrator for the alleged offense under §§ 18.2-95, 18.2-96, 18.2-102.1, or § 18.2-103 or any other criminal offense defined under subsection F. However, nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under §§ 18.2-95, 18.2-96, 18.2-102.1 or § 18.2-103 or any other criminal offense defined under subsection F.


E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.


F. For purposes of this section:


"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own use without full payment.


"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.
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My husband and I were wanting to get our home refinanced.....is this charge going to show up with a financial report, even before I go to court? Could this keep us from getting our refinance? Anyone with any info is greatly appreciated.

Thanks to the 'computer age', lots of information is readily available to lenders and they seem interested in most of it. That information could certainly affect your ability to get the loan or it might affect the interest rate that you'd pay.....but.....I don't think there's much chance it will be available until after you've been to court so you might want to plan accordingly.