First Offense Shoplifting At Neimans in Colorado

I was caught shoplifting a $200 dress from Neiman Marcus in Colorado. They had me on tape shoplifting a couple days before. They pulled me in the back, had me sign a form admitting my guilt, took my photo, address, soc #, and called the police. I cooperated and admitted to the previous theft. I was handcuffed by the officer, given a summons and released. The next day I returned the previous item. (I have a clean record and feel ridiculous and VERY sorry for the whole thing.)

The summons form says I've been charged with 38-51.5 "Shoplifting." I called the info number and they said I could just pay a $150 fine over the phone, but that it would go on my record permanently.

So, I have court next week. I cannot afford an attorney, and I'd like to know what court will be like. Will I be able to talk with the prosecutor prior to my appearance? I'm willing to accept my responsibility and pay the fine, but how do I ask to have it not stay on my record permanently?

Also, Neimans never mentioned anything about any restitution/civil repayment. Is it likely they'll send me something?

Thank you very much in advance for any advice!!!

Go into court plead not guilty and request a Public Defender. once you talk to Public Defender ask about the availibilty of Diversion programs

Thanks for the advice - I've never been so sorry and so scared! :wallbang:


I'll post here after court and write how it goes.

How about Neimans asking for civil repayment? They never mentioned anything that night and I returned the items...

Q: How about Neimans asking for civil repayment?

A: They can do that; it is, as you say, a civil matter and has nothing to do with the criminal matter.

Update: I called the Public Defense office and they gave me the exact same advice as you did: plead not guilty and ask for a public defender - thank you for the great advice!

Another question: Will there be a city attorney at my first court appearance? If so, am I allowed to talk to them before I plead? Could I ask the attorney then about a "diversion" program? Also, what exactly is a diversion program? Thank you!!

Quote:

---

Quoting veryverysorry

---

Update: I called the Public Defense office and they gave me the exact same advice as you did: plead not guilty and ask for a public defender - thank you for the great advice!

Another question: Will there be a city attorney at my first court appearance? If so, am I allowed to talk to them before I plead? Could I ask the attorney then about a "diversion" program? Also, what exactly is a diversion program? Thank you!!

---

It will be a city attorney if the charge is a municipal violation; it will be a district attorney if the charge is a state violation. Let's call him prosecutor.

Your lawyer should do all the talking to the prosecutor.

A diversion program means lots of things; I can't tell you exactly what they do in your neck of the woods.

One example: The charge won't be prosecuted if you behave yourself for two years. If you screw up in that time, expect to see the inside of a jail for a long time.

Some courts don't allow diversions in shoplifting cases.

Thank you again very much for your advice.

well i am also in the same boat as you. Everything that happend to you has happend to me! i am a college student! i know that it sucks! this happened to me a month ago and i ahve to wait to go to court in march! so when you do go please give me advice!
much love.

My advice would be to start reading at the top of this thread down to what you wrote. Seniorjudge is, well, Seniorjudge for a reason. There is no better advice that can be given unless someone comes out with a safe time machine that can allow you to go back in time and stop yourself in the act.

I went to court this week. Here's how it went:

I got to court 20 minutes early. Then the clerk arrived and she had everyone there get in a line and sign in. She gave us each a form to sign that explained our rights. Then she told us the City Attorney would be calling us each in to her office prior to the Magistrate (like a judge) arriving.

The city attorney pulled me aside and asked if this was my first offense. I said yes. She offered me "Adult Diversion." If I complete it, my charge will be dismissed. I had to fill out a form and was told if asked, to take full responsibility for the shoplifting. I was told that I would need to call and make an appointment for an interview, where they would decide if I qualify for the program, then assign me a program that could involve "counseling, education programs, restitution, community service and/or other requirement deemed to be appropriate."

I went back to the court room. We all had to stand when the Magistrate came into the room. Then she called each one of us individually in front of her. My charge was announced and the Magistrate said that the City Attorney had suggested the Diversion program. She said she agreed. I did not have say a plea (guilty or not guilty) as the charge had been diverted.

I sat back down and waited for the clerk to call me up. The clerk assigned a court date where I will need to prove I completed the diversion program (early June). I didn't have to pay any fees.

I called and made the Diversion Interview appointment (late March).


Lessons I learned from Court (myself and watching other people):
-Dress neatly
-Don't speak unless you're asked to speak (to the clerk, the attorney, the judge, and the diversion interviewer)
-Keep your answers short, and be polite and demur
-Turn OFF you phone
-You can't bring children into the courtroom


I'll post more after my diversion interview.