Shoplifting

My question involves criminal law for the state of: OHIO

Im in desperate need of legal advice. A family member of mine was recently arrested because of a shoplifting incident. It was three dvds from Wal-mart, totaling an estimated $40. She was detained for a long time in the store and then taken to the police station, cited, and given a court date she must attend. This is a first offense, and she is going to have a letter from a psychologist explaining the recent stress that she has endured, as well as psychological problems left from childhood that were never dealt with. To explain briefly--she was sexually abused as a child by her father for years and never got help...within the last two years she has had to deal with her mother living with her while she helped her seek medical treatment with a neurological problem only curable with brain surgery, her father had a heart attack last summer and had quadruple bypass surgery in which she had to spend several weeks in Kansas (instead of Ohio where we permanently reside) helping him, I had emergency surgery to have my gallbladder removed and the doctors were positive I had pancreatic cancer and was going to die--after two more surgeries, my problem was fixed and it was not cancer, her son had back surgery, and her twin was diagnosed with vertigo. She is a nurse, and by default, assumed the responsibility of taking care of everyone. She is on antidepressants, but she just snapped and lost her judgment because of all this stress.

I am wondering what she should do, what are her options? Is there anyway she can plead for community service and a fine instead of jail time? Is jail time inevitable? If you could guess as to how high the fine might be, what is it? I am begging you all for advice on how to proceed. I realize that you don't have sympathy for shoplifters, but this is a woman who is a hospice nurse and has taken care of dying patients her entire career, has had to deal with the problems of an entire family one person and a time, and who has never had an outlet to discuss being raped repeatedly by her father as a child. If you could find some remnant of sympathy for her in your heart, I would be very grateful. She is not claiming that the cops or the security guards are the enemy, she knows she made a mistake and is gravely sorry.

Thank you for your help. If you could respond as soon as possible, I would greatly appreciate it. This woman means the world to me and my family, and if there is anything that I can do to keep her out of jail for a $40 dollar shoplifting charge, I will do whatever is in my power to make that happen. Again, thank you.

Its not that I don't have sympathy for shoplifters, I don't have sympathy for people who make excuses for it. She's a nurse, she knows better. It actually makes me more nervous being a hospice nurse and having access to all the drugs she does.

This should be a minor misdemeanor in ohio (under $500). She (not you) needs to get a criminal defense attorney to help her try and get this to go away with community service and probation. Prison/jail isn't for 40 dollar shoplifters. IMHO, it's not a good idea to have a letter from a shrink, etc, but get a lawyer and ask them. I would not want the spotlight shinning on something that proves she should know better. She needs to ask the lawyer what happens to her nursing license if convicted, there is always a chance she could have it suspended. She made a mistake, we all do it, but don't make excuses for it. The arrest will show up on a criminal background check even if the conviction of shoplifting goes away. This is something that any employer in ohio will look at (espically in nursing), bc of the drug access.