Caught Shoplifting At Sears In Virginia
I am so grateful to this site, because it has given me the opportunity to at least tell a soul about this. I'm a stay at home mum of 4 and at the tail end of last month, out of desperation and sheer stupidity, I tried to take some things totalling $130 at Sears. When they caught me, they called the police and I was charged and summoned to court last Tuesday. I didn't get a lawyer because I couldn't afford one, couldn't let my husband or anyone I know ever find out about this. I was so scared. I read that since the amount is less than 200, it is a misdemeanor and I may get away with a fine. But in court on Tuesday, oh my goodness! Everyone came with a lawyer and cases were being dismissed and things were looking good until I was called. The store manager at Sears and about 3 LP officers and the police who arrested me were all present and the judge adviced me to get a lawyer. He initially gave me the option to go without one and I took the option and was about to plead guilty but he stopped me and adviced me to get a lawyer, so I was given the number to the public defender whom I've already contacted. Now I am so terrified. I have pleaded with the store manager and the police officer and told them how jail time or a criminal can ruin my life. But they won't budge. I am so scared, i don't know what to expect. Does anyone have an idea what happens in a case like this in Virginia? It is my first offence and I'm 27. What can I do? How come no one believes in giving people a second chance anymore. I am so scared, confused and sick to my stomach. Please help!
Re: Caught Shoplifting At Sears In Virginia
A misdemeanor shouldn't have to big of a effect on your life (my DWI hasn't effect mine.) It COULD make it hard for you to get certain careers for a while though. After a few years pass it tends to be over looked by most employers. Eventually you can file to have the matter expunged.
The police don't really have the power to drop the charges - its up to the D.A. I suggest you talk to your public defender about getting it reduced or dropped to a lesser charge.
BTW, you know you're gonna have to tell your husband eventually, right?
Good luck.
Re: Caught Shoplifting At Sears In Virginia
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.
Re: Caught Shoplifting At Sears In Virginia
Can you please break this down a little bit for me? Does anyone know what usually happens in Virginia with a case like this? Is it possible at all for the charges to be dismissed or for me to get away with a fine? I cannot afford to tell my husband. With all that is happening in our lives right now, it will definitely mean the end of our marriage. I know I should have thought of all that before doing something this stupid, but, if only I could turn back the hands of time....
Re: Caught Shoplifting At Sears In Virginia
Last I heard VA was tough on shoplifters and they usually got a couple days in jail. However you now have an Attorney your advice should be coming from him/her
Re: Arrested For Shoplifting At Sears In Virginia
im exactly in the same postion as yours...through the advise of the people here, i have hired a crimnal defcnc lawyer who got 500$ for this case, but never gives or lift the call if i try to talk with him...im kind of worried whether i have been cheated...now i dont know wat to do...my adivse for u is choose a lawyer whom u think souly is reliable ..for v cannot afford to loose any money when have many fines coing up now....
but did they ever tell or give u an idea wat the civil demand is going to be???
anyways good luck on ur case and im sure u will never think of doing anything likethis hereafter...
Re: Caught Shoplifting At Sears In Virginia
I am not an attorney BUT have used them before. What I have found is that the more you pay them the more they respond. My defense attorney gave me a choice. It was $450 for a meeting, reminding me of my court date, and representing me in court or $125 an hour billable at 15 minute increments. That was 10 years ago! Fortunately I was innocent and my attorney got the charges dismissed.
The other thing was that my attorney was in court from 8AM to 4:30PM M-Thurs and returned my calls in the evening OR on Friday morning.
It's like any service person in any service industry. Pay them to be there and they will be there. Try going into a club and keeping the bartender's attention if he/she is busy and you only bought a round of shots.
Your attorney would likely work out the same thing with you if you asked. If you were paying your doctor cash, on an hourly basis, you would get more than 5-10 minutes with him in the office. The doctor bills $75 for that 15 minutes and gets paid $35-$40 by insurance. That means that he can make $160 an hour IF he/she is booked. Their $90,000 per year malpractice drops that $160 per hour to effectively $115/hr. That $115/hr, or $230 a year has to pay them, their building, their medical staff, their equipment, etc. ...and then there is their student loan payment...
The attorney is the same way. There is a point where a client is and is not profitable. Many attorneys care about their record and their client BUT they likely predict the outcome on these smaller cases.
Bob
Re: Caught Shoplifting At Sears In Virginia
I'm From Virginia also, i just got caught stealing at Kmart witch is owned by sears, I'm 19 years old no job i live with my dad and my boyfriend, my boyfriend knows about this but i couldn't tell my father, I've never got in trouble for anything in my life and i think the reason i even stole was because i was hanging around with the wrong people and i didn't have any money. they totaled The other person and the stuff i took together witch ended up being $120 worth of items. They made me sign a bunch of stuff, and of course i admitted to it i was scared and never done anything like this before, They gave me a piece of paper saying they can bill me anywhere from $200-$500 They also called a cop he put us in hand cuffs, and basically told us to come in court a week from the incident witch will be Thursday. I obviously do not have the money for a lawyer, don't they give you one? im so scared i don't know what to expect. The worst thing about all this before this happened i was talking about how i wanted to get a decent job so i can start a family, one of the things i stole was a pregnancy test I Feel like this is the worst thing i could of ever done can anyone please help me tell me what to expect!?:confused:
Re: Caught Shoplifting At Sears In Virginia
Quote:
Quoting
private snickers
I'm From Virginia also, i just got caught stealing at Kmart witch is owned by sears, I'm 19 years old no job i live with my dad and my boyfriend, my boyfriend knows about this but i couldn't tell my father, I've never got in trouble for anything in my life and i think the reason i even stole was because i was hanging around with the wrong people and i didn't have any money. they totaled The other person and the stuff i took together witch ended up being $120 worth of items. They made me sign a bunch of stuff, and of course i admitted to it i was scared and never done anything like this before, They gave me a piece of paper saying they can bill me anywhere from $200-$500 They also called a cop he put us in hand cuffs, and basically told us to come in court a week from the incident witch will be Thursday. I obviously do not have the money for a lawyer, don't they give you one? im so scared i don't know what to expect. The worst thing about all this before this happened i was talking about how i wanted to get a decent job so i can start a family, one of the things i stole was a pregnancy test I Feel like this is the worst thing i could of ever done can anyone please help me tell me what to expect!?:confused:
I had the same situation too, but it was at Walmart. I'm 20 and I'm from Virginia. I'm a college student and majoring in nursing. I also have a good academic standing. I never got in trouble before except a speeding ticket. Until now, I recently got caught stealing a pregnany test ($8-$15) and they took me to their office.They got a copy of my driver's licence, they took a picture of me, and sign this one paper. They also asked me why i did it, and i said I was scared and embarrassed to walk around with it and i don't like people judging me. And i also told them that my parents are strict and i don't want my parent's friend's to see me holding one around walmart. They also called a cop and wrote me a summon's. The cop didn't handcuffed me. I was cooperative and respectful. They said that i'm not allowed to go to ANY Walmart in Virginia. I was crying and scared because i don't want my parents to find out because they're very strict especially finding out i stole a pregnancy test. I don't know what to do i can't sleep, eat, or focus on my school. It'sgoing to be bad on my criminal recond what if no one hires me after i finish my nursing. What do you think the penalty i'd get? I'm not planning to go for the MAXIMUM penaltly. I hope it's going to be either fine or community service. I can't afford to get a lawyer, i don't want my parents to find out. I'm really scared.