Help With A Shoplifting Charge

Hi I live in Florida and made the biggest mistake yesterday.
I shoplifted at Kohl's, it was my first and LAST time. I got caught and I am being fined by Kohl's. They also called the police and I have a court date in a month. The items came to $135. I am so scared and I don't know what to do, I have a clean record. What is going to happen to me when I go to court? I don't have the money for a lawyer, I just want to say I'm guilty and get it over with and hopefully be able to get it off of my record. Does anyone know what happens when its a first time? I will NEVER do it again that's for sure.

No previous record? Did not have burglary tools on you?

Then you will be charged and penalized as follows: petty theft misdemeanor; court fine (about 500-650), court restitution fee (100),
community service (30 or so hours), 1-2 years summary probation.

After yoyr probation ends, you will be able to get your record expunged with the help of an attorney.

no I did not have burglary tools, I didn't go in there planning to steal anything it just happened. I was told I might be able to do some kind of diversion program, do I need an attorney for that because I don't have the money for one. I just want to put this behind me and forget about it. I'll pay whatever fine and do the community service but I want it off of my record or I will not be able to get a new job. Also does anyone know if it goes on your record right away or after your court date because my boyfriend and I are about to rent a townhouse and they do background checks and I don't want to lose the townhouse.

If you cannot afford an Attorney request a public defender. Then when you meet with Public Defender ask him/her about Diversion and if availalbe. Diversion often times meets conviction requirments but once you complete program no conviction appears on your record. Diversion programs vary and are not available everywhere so talk to your Attorney

how do you go about getting a public defender and does it cost anything?

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Quoting watergirl45

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how do you go about getting a public defender and does it cost anything?

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When you go to court, ask for a public defender.

The court will examine your assets and income to see if you qualify.

Some states allow a public defender at a reduced rate if you do not qualify for a totally free one.

can I go before my court date and see about getting a public defender?

also does anyone know if it goes on your record before or after your court date

You may call the court and ask if you can seek PD before court. Far as record goes you have an arrest record but thats it for now.

What happens if I can't get a public defender or an attorney, what do I say in court? Do I say I'm guilty and ask about a diversion program. Is there any way possible a judge might not do anything because I have a clean record? What would be the best possible thing to say for that to happen? I am not trying to get out of it I just know that I made a huge mistake and have no intentions of doing it again, I just don't want this to affect the rest of my life.

Your putting the crt in front of the horse. Your first action is to request a public defender. You can also talk with a criminal defense Attorney many grant free office visit

if I do that prevention website will that help me?

Groups like NASP and CASA and shoplifting programs. Judges many times smile upon those who join such programs and reward them with lighter sentence. However I cannot guarantee that

ok I am calling tomorrow on a public defender and I am also going to do the online program. Just out of curiosity what are my chances of not getting convicted and doing a diversion program and this not going on my record. Is it common for a judge to let you go if you have a clean record and its a first time? I have a month to wait this out and its going to drive me crazy. Also would a public defender have a better idea of knowing what was going to happen?

oh also which online program is better?

We are not odds makers so it would be unfair and unwise for us to speculate your chances. NASP has a program you can take via a CD rom no online program exists yet. They will have one up and running this year sometime but not yet. CASA might but I am unsure

whats the website for CASA?

and how long do those programs take?

Send me a private message (PM) I have contacts for both groups

I just tried to call about a public defender and the lady told me that the judge would appoint me one and that there would already be a public defender there. So what do I do when I go to court? Do I ask for one as soon as I get there? I have no idea how all this works :wallbang: she also didn't see my case number on file she said it was too soon.

You wait for court like clerk said. Judge will call your name at that time you can enter a plea and request a Public Defender. It will be at that time judge will instruct you and continue your case

will I have to go back to court again? I am moving and want to take care of this in one day.

That is not likely to happen unless you walk in and plead guilty. Then there is good chance you will get whatever sentence judge decides

is it a bad idea to walk in and plead guilty?

In my opinion yes. You have no plea deal and are at total mercy of judge. If you work through an Attorney a plea deal can be arrange maybe one that wont include a criminal record!

how much does an attorney usually cost?

If you can afford an Attorney you will not qualify for Public Defender. Start calling Attorneys many grant free office visits. You can then discuss case and fees

I really can't afford one I was just wondering about how much one would cost to see if I could borrow money from my boyfriend.

You would need to discuss that with the Attorney but from what I have read here its from $1000.00 to $1500.00 on average

yeah I just called on one and he charges $1500 to do the case for me and to get it expunged should I keep calling around or is going to be the same everywhere

If your county has Diversion you wont need to spend more on expungement later. Keep calling and if they offer free office visit take them up on it.

the first place I called and already told me what my options would be and that he charges $1000 and he takes care of everything I wouldn't even have to go to court. I asked him about a public defender and he said I would go to court with about 200 other people, watch a video and then wait to be called up and asked what I wanted to do and thats when I would request a public defender. Would it be in my best interest to just pay $1000 and get an attorney to take care of everything? Also at a free consultation aren't they all going to basically say the same thing?

oh and I would want my arrest record expunged should I just go ahead and do that now with an attorney or wait since the one offers it all together

Maybe maybe not. I fail to see where this Attorney mentioned Diversion. You should talk with more Attorneys meet with them in thier office then decide.

no he told me thats most likely what would happen is that I would have to do a diversion program and how it won't go on my record once I finished it. He was actually very helpful but I have never had to hire an attorney before so I don't know how all this works. But if they all are about the same price I don't want to have to keep calling around to hear the same thing.
This is actually the guy I called
http://www.shawnrhsmithlaw.com/profile.php

If you qualify for diversion is no need for expungment because there is no conviction.

but doesn't the arrest show up on your record or no because I wasn't really arrested they just had a police officer show up

Most background checks don't include arrests. In fact most job applications do not ask about arrests. Yes you can expunge your arrest but you must wait several years before you can do that.

I wasn't really worried about a background check. Not only is my moms best friend a cop but my boyfriend has several cops in his family and I was worried about them seeing it on my record. Not only that but I work in retail and when I move my boyfriends mom will be my district manager so if she hears of it I could lose my job.

Well first it might be too late. Second considering the time involved in getting the arrest expunged they could likely see it